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10 May 2023, 6:02 am by Michael C. Dorf
Such a lawsuit could concede that notwithstanding the Supreme Court's invalidation of the Line Item Veto Act in Clinton v. [read post]
10 May 2023, 5:00 am by Josh Blackman
Section V analyzes the Oath or Affirmation Clause, which suggests that Senators and Representatives, as well as the President, are not "Officers of the United States. [read post]
8 May 2023, 1:54 pm by Seth Davis
Crim argued that this 2014 decision no longer controls because in 2015 Congress amended the statute to state that the Tax Court is “not an agency of, and shall be independent of, the executive branch of the Government. [read post]
8 May 2023, 12:28 am by Christin Thompson
Civil Monetary Penalties (CMP): Congress enacted the CMP law (outlined under Section 1128A of the Social Security Act) as one of several administrative remedies to combat Medicare and Medicaid fraud and abuse. [read post]
8 May 2023, 12:22 am by INFORRM
The Centre for Internet and Society hosts the open letter to congress here. [read post]
7 May 2023, 6:00 am by Lawrence Solum
For example, the intention behind the equal protection clause might be formulated at a relatively high level of generality--leading to the conclusion that segregation is unconstitutional--or at a very particular level--in which case the fact that the Reconstruction Congress segregated the District of Columbia schools might be thought to support the "separate but equal" principle of Plessy v. [read post]
5 May 2023, 1:48 pm by Ilya Somin
Raich, which held that Congress' power to regulate interstate commerce was so broad that it allowed it to ban the possession of medical marijuana that had never crossed state lines or been sold in any market, even within a state. [read post]
5 May 2023, 12:04 pm by Sandra Park
The resulting federal court victory in Thompson v. [read post]
5 May 2023, 8:47 am by Eric Goldman
Backpage * District Court Ruling Highlights Congress’ Hastiness To Pass ‘Worst of Both Worlds FOSTA’– Doe 1 v. [read post]
5 May 2023, 4:20 am by Michael C. Dorf
As CJ Roberts wrote for the Court last Term in West Virginia v. [read post]
4 May 2023, 9:31 pm by Zoe Stern
Congress has not precluded such action. [read post]