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2 Jul 2019, 12:10 pm
Former Solicitor General Paul Clement makes the legal case for balance billing:"The ability to refuse to accept an insurance plan is what gives doctors leverage when negotiating their rates ... [read post]
28 Jun 2019, 1:55 pm by Benjamin Battles
Indeed, Paul Clement, representing the North Carolina defendants in Rucho v. [read post]
24 Jun 2019, 10:06 am by Amy Howe
Arguing on behalf of one insurer, Moda Health Plan, former U.S. solicitor general Paul Clement (who in 2012 led the challenge in the Supreme Court to the constitutionality of the ACA) told the justices that the “net effect” of Congress’ actions was “a bait-and-switch of staggering dimensions in which the government has paid insurers $12 billion less than what was promised. [read post]
17 May 2019, 3:44 am by Edith Roberts
” At The National Law Journal (subscription or registration required), Tony Mauro passes on former solicitor general Paul Clement’s “tips on how to get the Supreme Court to overturn a precedent. [read post]
14 May 2019, 7:29 am by Andrew Hamm
The following is a series of questions prompted by the forthcoming publication of Michael Bobelian’s “Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon, and the Forging of the Modern Supreme Court” (Schaffner Press, 2019). [read post]
13 May 2019, 4:06 am by Edith Roberts
” In the latest episode of the Heritage Foundation’s SCOTUS 101 podcast, former solicitor general Paul Clement “discusses how each new justice changes the Supreme Court” and “shares his tips for getting the Court to overturn its past cases. [read post]
3 May 2019, 7:04 am by Jonathan Shaub
Soon after the release of the special counsel’s report, House judiciary committee Chairman Jerrold Nadler, issued a subpoena requiring that McGahn produce all documents in his possession and testify before the committee about the 33 subjects listed in the subpoena’s schedule, including, among other things, the investigation into National Security Adviser Michael Flynn; the firing of FBI Director James Comey; Attorney General Jeff Sessions’s recusal from the Russia investigation;… [read post]
29 Apr 2019, 1:07 am by Kevin LaCroix
Peter Selvin Ben Clements In the following guest post, Peter Selvin and Ben Clements take a look at the legal principles involved in the allocation of defense expense under a D&O insurance policy. [read post]
22 Apr 2019, 11:59 am by Adam Feldman
The top three attorneys in terms of total votes for this period – Paul Clement, Neal Katyal and Seth Waxman – each served as the U.S. solicitor general. [read post]
17 Apr 2019, 7:01 pm by Andrew Siegel
Arguing for the employer, Parker Drilling, Paul Clement urged the court to affirmatively endorse an approach that relegates state law to the sidelines unless federal law leaves a gap that needs to be filled, insisting that such a result is mandated both by the structure and purpose of the OCSLA and by the statute’s invocation of general background principles governing the law of federal “enclaves” (federal territory within states such as national parks and… [read post]
31 Mar 2019, 3:20 pm by Ray Dowd
   In a spirited and interesting oral argument, on behalf of Oracle, Paul Clement argued that reading the word "full" out of Section 505 and reading 1920's cramped view of "costs" (ie taxable costs) as "full costs" would do "carnage" to the statute and common grammar. [read post]
28 Mar 2019, 12:56 pm by Neil Siegel
Solicitor General Paul Clement, who was arguing against the justiciability of such claims, ominously warned the Justices that “once you get into the political thicket, you will not get out and you will tarnish the image of this Court for the other cases where it needs that reputation for independence so people can understand the fundamental difference between judging and all other politics. [read post]
25 Mar 2019, 2:23 pm by Mark Walsh
Solicitor General Paul Clement was one of the featured speakers, citing the “disorder and chaos” that reigned in administrative law before the publication’s birth because of a lack of a written repository of federal rules and regulations. [read post]
6 Feb 2019, 9:00 pm by DONALD SCARINCI
“While this court has declared that the right to bear arms is not ‘a second-class right,’ many local governments and lower courts continue to treat it as such,” former U.S. solicitor general Paul Clement argued on their behalf. [read post]
22 Jan 2019, 10:37 am by David Kopel
They are represented by Kirkland & Ellis, with former Solicitor General Paul Clement as counsel of record. [read post]