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20 Jun 2013, 9:48 am by Steve Vladeck
§ 1881h: For purposes of any claim brought in any court of the United States challenging surveillance conducted pursuant to this subchapter, an “injury in fact” will exist whenever a party can show that (1) it is more likely than not that communications in which it participated have been—or would at some future point be—intercepted pursuant to such surveillance; and (2) it has taken concrete steps to avoid such surveillance. [read post]
19 Oct 2014, 9:01 pm by Ronald D. Rotunda
However, if the hypothetical alien had been walking in Toledo and the Government could prove that he was an enemy spy who had been inside enemy lines fighting against the United States, and then sneaked into the United States as a spy, he would be like the aliens whom the Government captured in Ex parte Quirin. [read post]
5 Nov 2014, 10:26 am by Lyle Denniston
United States, and of Justice Antonin Scalia’s outburst at its high point. [read post]
24 Jun 2010, 9:20 am by Kevin LaCroix
Supreme Court on June 24, 2010 issued an opinion affirming dismissal of the Morrison v. [read post]
30 Mar 2012, 8:25 am
To be sure, during the oral argument, Justice Breyer may have undermined the effectiveness of his hypo by appearing to agree with Michael Carvin (for the NFIB) that the argument for federal power in the inoculation case is of a piece with the argument for federal power in United States v. [read post]
15 Jun 2015, 11:24 am by Mark Walsh
Breyer filed an opinion dissenting, which Justices Goldberg, [Sonia] Sotomayor and Kagan joined. [read post]
8 Jun 2015, 10:32 am by Lyle Denniston
”  In making that plea, the government lawyers had relied upon a sweeping statement by the Court, in the 1936 decision in United States v. [read post]
29 Jan 2012, 9:02 am by Krekor
” The case, United States v. [read post]
10 Jun 2021, 10:13 am by James Romoser
United States, the Supreme Court ruled that the residual clause is so vague that it is unconstitutional and therefore cannot be enforced. [read post]
16 Jun 2010, 11:00 am by Matthew Scarola
  Fifth, the Court reasoned, it had “previously interpreted similar statutes” – such as the Bail Reform Act, in United States v. [read post]
10 Jun 2011, 7:31 am by Tomassi Law Associates
United States, No. 09-11311, but on slightly different grounds. [read post]
21 May 2012, 3:02 pm by Orin Kerr
The Supreme Court’s recent decision in United States v. [read post]
7 Nov 2018, 8:46 am by John Elwood
Florida (Sotomayor dissenting, joined by Justices Ruth Bader Ginsburg and Stephen Breyer; Breyer also dissented separately), Middleton v. [read post]