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15 Sep 2020, 7:32 am
Shapiro: I would trace the corruption to what legal scholars call the “constitutional revolution of 1937,” but that goes beyond that year’s key cases of West Coast Hotel v. [read post]
14 Sep 2020, 11:32 am
But these succession issues have gained a more public profile after the Government Accountability Office (GAO), a watchdog that works for Congress, issued a legal opinion in August dinging key personnel moves as illegal. [read post]
14 Sep 2020, 9:03 am
” The key point was that all eligible voters in the same election were entitled to have their ballots treated equally in the counting process. [read post]
5 Aug 2020, 2:52 pm
This may be attributable to a complicated mix of factors, but there is little doubt that the lack of permanent leadership—individuals confirmed by the Senate—and the installation of Trump loyalists in key positions throughout the agency plays an important role. [read post]
3 Aug 2020, 9:01 pm
Thanks to President Trump, the Court now has a conservative, religious majority—which is composed of four Catholic men (Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh) and Justice Neil Gorsuch, who is apparently Episcopalian. [read post]
31 Jul 2020, 8:03 am
. *** Without taking any particular side, ToxicDocs will provide an empirical base for informed policy debates that are grounded in key historical records. [read post]
28 Jul 2020, 7:33 am
The Obama-era DOJ used the same findings in NFIB to argue that the 2010 Congress likely viewed two key insurance provisions (but not more) as linked to the mandate. [read post]
16 Jul 2020, 9:00 pm
Because our system is based primarily on employer-based health insurance, the key determinant of access is whether employer-based plans provide coverage. [read post]
13 Jul 2020, 9:01 pm
In today’s installment, Part One of a two-part series, let’s get the bad news out of the way first.The main reason for some disappointment over the cases is that the opinions of the justices—the majority opinion by Justice Elena Kagan and the concurring opinion by Justice Clarence Thomas—were not as well reasoned or careful as a matter of constitutional craft as they could have been. [read post]
13 Jul 2020, 3:00 am
” At Notice & Comment, a blog from the Yale Journal on Regulation, James Phillips pinpoints a key passage from Justice Clarence Thomas’ majority opinion in Little Sisters of the Poor v. [read post]
10 Jul 2020, 5:21 pm
Justices Clarence Thomas and Samuel Alito both penned dissents. [read post]
9 Jul 2020, 4:08 pm
But the court also rejected key presidential arguments, and it left a lot of room for Congress to prevail in litigation that will now follow. [read post]
8 Jul 2020, 11:06 am
” Justice Clarence Thomas filed a concurring opinion that was joined by Justice Neil Gorsuch. [read post]
7 Jul 2020, 6:33 am
Citing a key Supreme Court opinion from 2015, Reed v. [read post]
6 Jul 2020, 5:54 am
Justice Clarence Thomas in concurrence also relied on the First Congress—or to be more precise, he relied on Chief Justice William Howard Taft’s interpretation of it in Myers. [read post]
2 Jul 2020, 9:31 am
Alito started and ended his inquiry with 1789 as the key benchmark for the Suspension Clause inquiry. [read post]
2 Jul 2020, 9:26 am
” Justice Clarence Thomas in a concurring opinion offered a more detailed account of the history of the habeas writ and the Suspension Clause. [read post]
30 Jun 2020, 4:00 am
” While Gorsuch acknowledged that the State has substantial room to draw lines, especially in an emergency, he argued that “the Constitution imposes one key restriction on that line-drawing: The State may not discriminate against religion. [read post]
25 Jun 2020, 9:05 pm
Theodos and his coauthors proposed four key improvements to the opportunity zone incentives. [read post]
24 Jun 2020, 12:34 pm
Much work remains to be done, but for now, we invite you to look at several newly-edited records of individuals whose papers are held at HLSL: Zechariah Chafee, Clarence Ferguson, Paul Freund, Henry Friendly, Henry Hart, William Hastie and Cecil Poole. [read post]
