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29 Oct 2021, 10:10 pm by Josh Blackman
The cert grant in Arizona closely parallels the cert grant in Cameron v. [read post]
29 Oct 2021, 7:00 am by Kate Fort
Waiver notwithstanding, we note that the United States Supreme Court has routinely rejected claims that laws that treat Native Americans as a distinct class violate the equal protection rights of non-Native Americans, see, e.g., United States v. [read post]
27 Oct 2021, 9:15 am by John Elwood
§ 841(a)(l) as defined in United States v. [read post]
26 Oct 2021, 9:01 pm by Michael C. Dorf
By the close of business today, the United States and Texas will have filed Supreme Court briefs addressing the question whether the former can sue the latter to enjoin judges, clerks, and private parties from implementing S.B. 8, the Texas statute that forbids abortion after roughly six weeks and relies exclusively on private litigation for enforcement. [read post]
26 Oct 2021, 9:01 pm by Michael C. Dorf
By the close of business today, the United States and Texas will have filed Supreme Court briefs addressing the question whether the former can sue the latter to enjoin judges, clerks, and private parties from implementing S.B. 8, the Texas statute that forbids abortion after roughly six weeks and relies exclusively on private litigation for enforcement. [read post]
25 Oct 2021, 9:39 am by Mary Ziegler
The United States, which until now had never brought a challenge to a state abortion restriction, argued that S.B. 8 interferes with its sovereign interest in ensuring that states recognize federal constitutional rights. [read post]
25 Oct 2021, 5:01 am by Eric Halliday, Rachael Hanna
  As the Brennan Center has noted, state critical infrastructure laws borrow from the federal concept of critical infrastructure: segments of the economy “so vital to the United States that their incapacitation or destruction would have a debilitating effect” on national security and public safety, thereby deserving enhanced legislative protection. [read post]
21 Oct 2021, 6:50 am by Charles Kotuby
” However, this theory was soundly rejected only a few years ago in United States v. [read post]