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6 Jun 2023, 8:29 am
Instead, the majority adopted a much more restrictive standard, finding that the CWA protects only wetlands that are “‘as a practical matter indistinguishable’” from traditional waters of the United States. [read post]
10 Aug 2012, 3:30 am
In fact, one commenter on the HuffPost story cited above notes that Romney called on Ted Kennedy to release back returns in the Senate race (which Kennedy did) with the language that "doing anything else would be taken as the Senator hiding something. [read post]
9 Nov 2011, 4:43 am
Here I want to offer two other possible explanations for Lemon's staying power in its zombie state. 1) As a general matter, the Supreme Court just doesn't like to overrule its precedents. [read post]
15 Dec 2015, 6:33 am
As a matter of law, logic, morality, or politics, the answer is no. [read post]
19 Nov 2020, 4:30 pm
The Court found that although the wording of section 8 of POMA and the earlier provision differed, the “subject, matter, purpose and effect” were the same, and hence it was prohibitory, rather than regulatory in nature. [read post]
24 May 2013, 8:35 am
Were Justice Kennedy's clerks asleep? [read post]
28 Mar 2011, 4:20 pm
On the other side, though, Justice -- Chief Justice Roberts, Justices Kennedy and Alito, they pressed the lawyer defending the law, Mr. [read post]
2 Apr 2010, 7:56 am
Petitioners respond that they would leave such matters to the discretion of the Bureau. [read post]
2 Mar 2017, 8:20 am
” To be sure, at one point Chief Justice John Roberts did suggest that “sometimes semantics matter” and that “[i]f you wanted to take care of that problem, you just have to pass a law saying that the … State laws are preempted. [read post]
5 Jul 2012, 2:20 pm
(They did not even find it was a tax for all purposes, there is a fascinating analysis much ignored as to why it is NOT a tax as a matter of legislation; they just found that it was a tax in the Constitutional sense of the word.) [read post]
7 Sep 2009, 2:12 pm
As suggested by the SWANCC case and other litigation matters, there was disagreement and conflict over jurisdiction of the CWA and no one piece of legislation will be a panacea of clarity avoiding all future ambiguity. [read post]
7 Jun 2012, 10:20 am
According to Kennedy, Florence was “governed” by Turner v. [read post]
7 Dec 2021, 7:53 pm
(Or, at least, he should not have ventured any view without a real effort to investigate the matter. [read post]
8 Feb 2007, 9:27 am
While the Congress flounders about what, exactly, it can do about Iraq, it can do something useful, while it still matters, in making clear that it will authorize no money and provide no endorsement for military action against Iran. [read post]
28 Jul 2022, 4:32 am
” Kennedy, 142 S. [read post]
2 Oct 2017, 11:50 am
As a general matter, as Edith Roberts reported earlier this year, while on the court of appeals Gorsuch generally interpreted arbitration clauses “in light of the overriding presumption in favor of arbitration. [read post]
18 Jul 2015, 1:01 am
; and the important matter of divided government: suppose the successor is from a different party? [read post]
23 Apr 2016, 4:38 am
” Justice Anthony Kennedy asks. [read post]
13 Jun 2014, 2:22 pm
Justice Kennedy announces opinion in POM Wonderful. [read post]
6 Nov 2009, 12:53 am
"Justice Kennedy is usually the swing vote on the court and oft-considered the body's bellwether. [read post]
