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3 Feb 2024, 9:52 am
Trump himself made this Positions Clause argument before the Colorado Supreme Court, and he even prevailed on it in the Colorado district court. [read post]
2 Feb 2024, 9:43 pm
" That is all true and strongly aligns with the cultures of governance that have given legitimacy (in the U.S. in a more fragile manner since the Supreme Court's decisions of the 1930s) the the techno-bureaucracies of contemporary liberal democratic governmental apparatus. [read post]
2 Feb 2024, 3:24 pm
State (Cal. 1952) (comparing the Terrace cases to later Supreme Court cases)…. [read post]
2 Feb 2024, 6:51 am
Supreme Court as well. [read post]
31 Jan 2024, 7:10 am
Assume, for example, that the Court were to issue an opinion declaring that Donald Trump engaged in an insurrection and that the Fourteenth Amendment disqualifies him from being President again or from holding any other state or federal office. [read post]
31 Jan 2024, 4:30 am
As I wrote here, that opinion is beyond any and all reason and is a direct consequence of the Court's demand that judges look only to history when evaluating the constitutionality of legislation restricting or prohibiting the use of guns.The Supreme Court has made gun control a national issue, ignoring widely divergent conditions and needs based on local conditions. [read post]
30 Jan 2024, 7:38 pm
The decision was authored by Justice Coleman, a former judge of compensation. [read post]
30 Jan 2024, 7:16 am
The core insight of this model is that the prevailing approach to judicial review of agency interpretations of law is politically contingent—that is, it is likely to represent an equilibrium that efficiently maximizes the Supreme Court’s policymaking utility over the long haul, given certain institutional constraints that the Supreme Court justices must operate under. [read post]
29 Jan 2024, 1:43 pm
" July 30, 2018, Supreme Court Order, ECF No. 330-1. [read post]
29 Jan 2024, 10:46 am
It cannot be sustained by any reasonable reading of the text of the Constitution, the original understanding of the Constitution, or subsequent interpretations of the Constitution by courts or constitutional scholars. [read post]
28 Jan 2024, 9:05 pm
Supreme Court’s famous 1803 opinion in Marbury v. [read post]
28 Jan 2024, 8:49 pm
Supreme Court has established for a federal court suit, that would preclude such a petition in Colorado courts.) [read post]
28 Jan 2024, 4:48 pm
Justice Alito wrote a brief opinion, joined by Justices Thomas and Gursuch, dissenting from the Court’s decision to temporarily keep the Texas law from coming into effect. [read post]
27 Jan 2024, 2:29 pm
Its arte povera was constructed from out of the textual papier-mâché (the chewed paper) pasted together in the form of a an opinion attached to a judicial order (26 January 2024) pulped together with what one might be excused as characterizing as the self-revealing personal narrative framing declarations of Judges Xue; Bhandari; and Nolte; the counter narrative of the dissent of Judge Sebutinde; and, perhaps in the manner of the old medieval disputations, the separate… [read post]
26 Jan 2024, 9:01 am
In advance of the International Court of Justice’s ruling on Friday, we asked several leading experts if they would provide us with their views on the judicial order once it was issued. [read post]
26 Jan 2024, 6:16 am
The Supreme Court recently granted cert in Glossip v. [read post]
25 Jan 2024, 9:01 pm
Anderson, the Court has agreed to hear an appeal from the Colorado Supreme Court’s bombshell December 19, 2023 ruling in Anderson v. [read post]
25 Jan 2024, 6:55 pm
Not surprisingly, the Supreme Court granted certiorari. [read post]
25 Jan 2024, 6:00 am
Supreme Court returned from recess on January 4, 2024. [read post]
25 Jan 2024, 5:01 am
Justice Stevens's opinion in Chevron did not explicitly link the two propositions in this fashion. [read post]
