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3 May 2024, 9:46 am by Jonathan H. Adler
[A recent panel discussion on whether state and local suits against fossil fuel producers are preempted by federal law (and my arguments for why the answer is "no, they are not").] [read post]
11 Nov 2022, 2:37 pm by Jonathan H. Adler
[A new proposed regulation may test the limits of the Exeuctive Branch's authority to impose regualtory requirements on federal contractors.] [read post]
29 Aug 2024, 5:02 am by Jonathan H. Adler
[In the same week that Jack Smith refiles his Trump Indictment, Justice Jackson talks about the SCOTUS decision that made refiling necessary.] [read post]
23 Nov 2021, 7:52 am by Jonathan H. Adler
[The bill cuts health care funding in states that refused to accept the ACA's Medicaid expansion in ways that might violate NFIB v. [read post]
20 Sep 2024, 9:10 am by Jonathan H. Adler
[Could a panel of lower court judges evaluate ethics complaints against Supreme Court justices?] [read post]
17 Apr 2018, 7:39 am by Jonathan H. Adler
Like Eugene, I was struck by Justice Gorsuch's opinion today in Sessions v. [read post]
10 Nov 2021, 1:49 pm by Jonathan H. Adler
[In a well-reasoned opinion, the district court rejects the former President's efforts to prevent the release of information by the National Archives to the January 6 Committee.] [read post]
1 Jun 2023, 4:45 am by Jonathan H. Adler
[Could the Court treat Justice Powell's Bakke opinion the way it treated Justice Kennedy's Rapanos opinion?] [read post]
23 Mar 2022, 1:22 pm by Jonathan H. Adler
[While some legal ethics experts suggest recusal would not be necessary, the SCOTUS nominee suggested she thinks otherwise.] [read post]
29 Jun 2022, 1:13 pm by Jonathan H. Adler
[Justice Breyer consistently resisted conservative efforts to constrain federal power, so his opinion in Torres is a fitting swan song.] [read post]
13 Dec 2024, 3:05 pm by Jonathan H. Adler
Today the Supreme Court granted certiorari in two potentially significant cases, one concerning-church-state relations and other Article III standing. [read post]
4 Jun 2024, 1:54 pm by Jonathan H. Adler
[Green groups dropped their suits after the various challenges to the SEC's climate disclosure rule were consolidated in a fairly conservative circuit. ] In March, the Securities and Exchange Commission (SEC) finalized its long awaited climate disclosure rule, which requires public companies to disclose their greenhouse gas emissions and various climate-related risks to investors as various climate -related risks. [read post]
27 Jan 2022, 6:48 am by Jonathan H. Adler
[President Biden has promised to nominate the first Black woman to the Supreme Court. [read post]
28 Dec 2023, 8:00 am by Jonathan H. Adler
[Claims of the Act's success at recovering imperiled species are vastly overstated, especially on private land.] [read post]
1 Jul 2023, 2:32 pm by Jonathan H. Adler
[The Court will consdier whether to invalidate the CFPB's funding, narrow standing, and overturn Chevron, among other things.] [read post]
20 Feb 2025, 8:52 am by Jonathan H. Adler
[The first of what may be many appellate rulings on the Trump Administration's most controversial and questionable Executive Order.] [read post]
27 Feb 2022, 12:24 pm by Jonathan H. Adler
[Some student editors had resigned from the journal due to the inclusion of an "anti-trans" article by philosopher Kathleen Stock.] [read post]