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5 Feb 2024, 10:00 am by Jeffrey S. Horton Thomas
Horton Thomas at jhortonthomas@foxrothschild.com or a member of the firm’s Labor & Employment Department. [read post]
4 Feb 2024, 1:01 pm by Josh Blackman
As a threshold matter, this provision expressly contrasts between Senators and Representatives, who are elected, and "any civil Office[s] under the Authority of the United States," which are appointed. [read post]
3 Feb 2024, 11:29 am by Jonathan H. Adler
The administrative state was able to operate before Chevron was decided (and before it was made the basis of a doctrine), and the administrative state will persist no matter how these cases are resolved. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]
31 Jan 2024, 2:03 pm by Carl Shusterman
Judge Gorsuch’s majority opinion, which was joined by Justices Clarence Thomas, Stephen Breyer, Sonia Sotomayor, Elena Kagan and Amy Coney Barrett, held that “a” Notice to Appear must contain the date and time of the hearing in order to confer jurisdiction of the matter to the Immigration Court. [read post]
31 Jan 2024, 6:22 am by Guest Author
 As Thomas Merrill has noted, “[a]dministrative rulemaking, at least in its modern guise, is subject to a much more unyielding set of procedural requirements” than legislative statute-making. [read post]
30 Jan 2024, 9:05 pm by renholding
I want to suggest, though, that, while overturning Chevron would indeed be a matter of seismic legal importance, it might not be for the reasons most commonly mentioned. [read post]
30 Jan 2024, 10:27 am by luiza
  The allegations originated in a whistleblower lawsuit filed by Community Health’s former Chief Financial and Chief Operating Officer Thomas Fischer. 3 — Cigna Group ($172M). [read post]
28 Jan 2024, 4:48 pm by Daphne Keller
The Court said the law would not go into effect for the time being, though Justices Thomas, Alito, Gorsuch, and Kagan dissented. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
" The Amars explained that "[a]s a textual matter," the varied references to "officers of the United States" and "offices . . . under the United States" "seemingly describe[] the same stations. [read post]
26 Jan 2024, 4:15 pm by Chris Williams
Biglaw Is Paying Top Dollar For SCOTUS Clerks: Clarence Thomas must be jealous! [read post]
26 Jan 2024, 12:37 pm by Guest Author
” But as an empirical matter, this is an overly short-term view of the social media marketplace. [read post]
26 Jan 2024, 1:15 am by CMS
The claimant obtained reports from a gastroenterologist, Dr Thomas, and a microbiologist, Professor Pennington. [read post]
25 Jan 2024, 6:55 pm by Stephen Halbrook
It did not matter, the brief of the United States continues, that the letters were issued to regulated entities pursuant to the statutory authority of the Department of Financial Services to provide "guidance. [read post]
24 Jan 2024, 7:51 pm by thomasgalvani
Further complicating the matter, the Patent Office calls a response to a restriction requirement or an election requirement an election. [read post]
23 Jan 2024, 5:50 am by Michael C. Dorf
At the threshold--Chevron step 1--the court itself must decide as a matter of law whether there even is a statutory gap or ambiguity. [read post]