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6 Dec 2010, 7:56 am by David Doniger
When the case is heard next year, the states and other plaintiffs will press the Court to keep the courthouse doors open until and unless the executive branch actually protects the American people by setting Clean Air Act standards that curb the emissions of existing plants. [read post]
29 Aug 2014, 11:28 am by John Bellinger
”)  The Second Circuit panel rejected the plaintiffs’ arguments that courts are not required to defer to Executive branch SoIs and that there is, or should be, a jus cogens exception to official acts immunity, holding that it was bound by the Circuit’s prior decision in Matar v. [read post]
He explains his view by stating: Our founders intended for them to be the least consequential of the three branches of government . . . [read post]
He explains his view by stating: Our founders intended for them to be the least consequential of the three branches of government . . . [read post]
21 Apr 2020, 9:11 am by John Duffy
The executive branch has won three of those four (Cuozzo, Oil States and Thryv), and in the only one it lost (SAS), the court required the agency to review even more challenges to issued patents than the executive branch had wanted. [read post]
18 Sep 2024, 9:28 am by Seth Davis
Circuit published an interesting standing opinion last week: Citizens for Constitutional Integrity v. [read post]
22 Jan 2021, 2:25 am by Hannah McAslan (UK) and Patty Tan
Since posting this update, we understand that there have been further developments in several EU27 Member States as to the temporary transitional measures that are available, and we have updated our summary table to reflect these developments. [read post]
4 Mar 2019, 9:44 am by Michael A. Conforti
The panel held that the defendants did not satisfy the five Bauman factors required for a writ of mandamus, Bauman v. [read post]
8 Mar 2018, 4:02 am by Andrew Lavoott Bluestone
Kliger-Weiss Infosystems, Inc. v Ruskin Moscou Faltischek, P.C. [read post]
3 Jun 2015, 7:50 am
The term “power of judicial review” was not used in Marbury v. [read post]
20 May 2007, 9:57 am
The President is being treated as a defacto "supreme court" within the Executive Branch, who has the last word. [read post]