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10 Jul 2020, 12:06 pm by Josh Blackman
And regrettably, Justices Thomas and Alito signed onto this flawed historical account. [read post]
6 Jul 2020, 11:29 am by Keith E. Whittington
Justice Thomas, joined by Justice Gorsuch, argued that any such power was among those reserved to the states by the Tenth Amendment. [read post]
29 Jun 2020, 9:01 pm by Joanna L. Grossman
Reproductive rights advocates and activists breathed a collectively sigh of relief when the Supreme Court issued its opinion in June Medical Services, L.L.C. v. [read post]
29 Jun 2020, 2:42 pm by Kevin LaCroix
 In light of this history, the Court held the SEC is well within its statutory authority to seek disgorgement in civil suits. [read post]
28 Jun 2020, 9:00 pm by Rodger Citron
The justices then asked questions in the following sequence: Thomas, Ginsburg, Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh.Sometimes this format promoted continuity, other times it disrupted the flow of the argument. [read post]
25 Jun 2020, 10:00 pm by Samuel Estreicher and Daniel Folsom
Still, the Court noted that agency interpretations, even if not eligible for Chevron, are often given “particular attention . . . in light of the agency’s expertise in a given area, its knowledge gained through practical experience, and its familiarity with the interpretive demands of administrative need. [read post]
25 Jun 2020, 7:00 am by Guest Blogger
Benjamin EidelsonThis post offers preliminary analysis of DHS v. [read post]
20 Jun 2020, 3:16 pm by Josh Blackman
Here, the attorney general determined that DACA had "constitutional defects," in light of the Fifth Circuit's decision in Texas v. [read post]
18 Jun 2020, 2:33 pm by Josh Blackman
I'm sure Roberts is content to narrow the scope of the Suspension Clause, especially in light of his Guantanamo decisions. [read post]
18 Jun 2020, 11:29 am
In doing so.... it has given the green light for future political battles to be fought in this court rather than where they rightfully belong — the political branches. [read post]
16 Jun 2020, 6:45 am by Josh Blackman
" Justice Thomas has this pithy summary, with a delightful pun at the end: In sum, read in light of basic property law principles, the plain language of the Trails Act and the agreement between the two agencies did not divest the Forest Service of jurisdiction over the lands that the Trail crosses. [read post]
2 Jun 2020, 10:16 am by Brad Schnure
Sincerely, Thomas Kean Leader Kristin Corrado Conference Leader Steven Oroho Budget Officer Joe Pennacchio Whip Declan O’Scanlon Senator – District 13 [read post]