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23 Nov 2021, 9:01 pm
Democrats should accept without further delay Senator McConnell’s offer of a streamlined process to pass a debt ceiling increase via reconciliation.Follow @dorfonlaw Michael C. [read post]
4 Aug 2020, 9:01 pm
Of course those are the issues with which the justices struggled, because those were the issues in the case, and any minimally sophisticated observer understood, without needing to rely on leaks, that any decision the Court issued could have implications for future Presidents and Congresses, regardless of party.Biskupic also reveals that internally the justices, led by Chief Justice Roberts, sought as unified a ruling as possible, one that could not readily be portrayed as dividing the Court along… [read post]
7 Jun 2016, 8:57 am
The CWR interim report will be released soon, written by Michael Mitchell and Justice John Murray. [read post]
11 May 2020, 9:01 pm
However, so long as corrupt bullies exercise political power, justice remains a distant ideal.Follow @dorfonlaw Michael C. [read post]
1 May 2018, 9:01 pm
Because Judge Smith thought the case should be decided on jurisdictional grounds, he did not need to reach the substantive copyright question, but he made clear that he too thought that nonhuman animals lack rights under the Copyright Act or to own property more generally.Bottom line: Naruto lost quite resoundingly.Can Congress Authorize Lawsuits by Nonhuman Animals? [read post]
20 Mar 2018, 9:01 pm
”Justice Thomas was wrong about the bottom line in Obergefell, because he failed to take seriously the equal protection argument for same-sex marriage in states that recognize opposite-sex marriage. [read post]
26 Mar 2016, 4:31 pm
Top line CDs wholesaled for about $10. [read post]
19 Sep 2011, 7:19 am
Sternlight, the Michael and Sonja Saltman Professor of Law as well as the Director of the Saltman Center for Conflict Resolution at the University of Nevada-Las Vegas Boyd School of Law. [read post]
26 Jan 2022, 9:01 pm
As Dean Vikram Amar observed here on Verdict in the summer of 2019 on the twenty-fifth anniversary of Breyer’s appointment, he was too far back in line for the best assignments. [read post]
3 Oct 2017, 9:01 pm
Neither the addition of North Korea and government officials from Venezuela nor the substitution of one majority-Muslim country (Chad) for another (Sudan) much changes the bottom line. [read post]
12 Sep 2021, 9:01 pm
Even a Court that thinks the Fourteenth Amendment’s Due Process Clause establishes no right to abortion should be able to recognize that it does establish a right to due process.Follow @dorfonlaw Michael C. [read post]
7 Mar 2017, 9:01 pm
As readers no doubt can infer from the fact that I filed a brief in support of Grimm, I find this line of argument unpersuasive—not least because, even in this very case, it is incoherent: Grimm has received testosterone hormone therapy and undergone chest reconstruction surgery; in nearly all outwardly observable respects, he presents as physiologically male. [read post]
21 Jan 2020, 9:01 pm
What the states would have ratified in the 18th Amendment would be a nullity if the ratification period extended past the deadline.By contrast, the ERA deadline is not part of its operative text, and one might thus view Congress’s effort to add a deadline through external text as impermissible, much in the way that the Supreme Court has held that Congress cannot change the requirements for legislation by authorizing a legislative veto or a line-item veto. [read post]
1 Jul 2018, 9:00 am
If you have a medical management company (MSO), you might be wondering, can your MSO brand itself with the same name as the medical clinic, and even license the name to the physician that owns and operates the medical clinic. [read post]
17 May 2016, 9:01 pm
A long line of prior cases had said that in order for a plaintiff to have legal standing to sue in federal court, the plaintiff must have suffered or be in danger of imminently suffering a “concrete and particularized injury. [read post]
2 Oct 2018, 9:01 pm
At that time, most people rented their phones from the same company that ran the phone lines to their homes or offices, but some tech-savvy customers started connecting their own devices to the network. [read post]
9 Aug 2016, 9:01 pm
But he erred by doing so in a case that validates an extreme lack of courtesy shown by a school board to one of its students.Follow @dorfonlaw Michael C. [read post]
18 Jun 2023, 9:01 pm
Dissenting, Justice Scalia quoted the first line of Article II: “The executive Power shall be vested in a President of the United States. [read post]
6 Dec 2021, 9:01 pm
Justice Gorsuch seemed to be suggesting that the viability line from Roe could be overruled and that even a pre-viability ban could be judged by the undue burden standard, but it’s hard to see why he would make such a suggestion; Casey held that a law that imposes a substantial obstacle to a pre-viability abortion is an undue burden; surely, a ban is a very substantial obstacle. [read post]
29 Oct 2019, 9:01 pm
A Supreme Court appointment in the mid-1950s might have been controversial, but it would not have divided politicians on partisan lines. [read post]