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26 Oct 2020, 5:24 pm by Jonathan H. Adler
The Chief Justice is not a fan of preliminary injunctions as a general matter, and has sought to curtail their use by federal district courts in a range of contexts. [read post]
18 Oct 2020, 11:31 am by Jonathan H. Adler
Thus, in any case where it matters which opinion has the narrower view, the dissent's approach would have us set aside the narrower opinion's points of disagreement as dictum, and the application of Marks would fail to provide a governing rule of law. [read post]
15 Oct 2020, 5:26 pm by Jonathan H. Adler
[Unless President Trump is re-elected, it is not clear this will matter.] [read post]
12 Oct 2020, 6:05 am by Ilya Somin
For everyone else, what matters is the severability issue, which will determine the future of the rest of Obamacare. [read post]
10 Oct 2020, 7:35 am by Jonathan H. Adler
This procedure should apply now and in the future, no matter who lives in this house or who controls the Senate. [read post]
4 Oct 2020, 2:11 pm by Jonathan H. Adler
Making false claims is a very serious matter and we plan to investigate this to the fullest extent of the law. [read post]
2 Oct 2020, 5:40 am by Abbe Gluck
The mandate has never been fully enforced and its future matters little. [read post]
2 Oct 2020, 5:30 am by Gene Takagi
” Check out this @TechSoup blog post by Adler & Colvin principal attorney David Levitt on charities and social media in an election year https://blog.techsoup.org/posts/can-i-tweet-that-charities-and-social-media-in-an-election-year #charities #advocacyAFJ Bolder Advocacy: Are you a #nonprofit looking to talk about civic engagement but unsure where to start? [read post]
29 Sep 2020, 5:51 pm by Jonathan H. Adler
Today, there is no principle and no norm in the judicial nominations process that either side would not violate itself and simultaneously demand the other side observe as a matter of decency and inter-branch comity. [read post]
23 Sep 2020, 1:18 pm by Ilya Somin
Like Jonathan Adler, I am skeptical that this "confinement" can be enforced. [read post]
15 Sep 2020, 6:22 pm by Jonathan H. Adler
That matters because AEDPA's procedural rules have bite that Brecht lacks. [read post]
11 Sep 2020, 5:00 am by Gene Takagi
#ReimagineInfrastructure The HillAdler & Colvin: Learn more about “The Dos and Don’ts for Charities in an Election Year” in this @TechSoup blog post by Adler & Colvin principal attorney Eric Gorovitz #charities #advocacySteve Dubb: On this pandemic #LaborDay2020, here from @npquaterly are some reflections on the state of workers, labor, and state of solidarity in the US. [read post]
31 Aug 2020, 7:01 pm by Jonathan H. Adler
In 2019, following our decision, NHTSA issued a final rule that rolled back the penalty to $5.50 on the theory that the inflation-adjustment laws do not apply to the CAFE penalty in the first place, and that even if they did, an increase would be unwarranted as a matter of economic policy. [read post]
24 Aug 2020, 1:15 pm by Jonathan H. Adler
(Update: No)–5/5/20 The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It. [read post]