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11 Dec 2023, 7:56 am by Jonathan H. Adler
While she agreed that Acheson Hotels had become moot,  she wrote separately to note her objection to granting Munsingwear vacatur as a matter of course. [read post]
13 Aug 2021, 12:31 pm by Jonathan H. Adler
Therefore, if an official resigns his or her public office at any point before conviction after trial in the Court for the Trial of Impeachments, the Court would lose its jurisdiction to rule in the matter, as it may only render a judgment that removes an official from office. [read post]
3 Apr 2014, 7:42 am
Specifically, Section 3(A)(6) provides: A judge should not make public comment on the merits of a matter pending or impending in any court. [read post]
31 Dec 2014, 7:55 am
This tragic matter obviously should not affect the university’s desire to prevent sexual abuse. [read post]
22 Apr 2014, 7:52 am
Drunken driving is a serious matter, but so is the loss of our freedom to come and go as we please without police interference. [read post]
27 Feb 2020, 2:29 pm by Jonathan H. Adler
As a practical matter, this means individuals are able to possess and use marijuana without significant fear of prosecution throughout much of the United States. [read post]
29 Apr 2019, 7:03 am by Jonathan H. Adler
The existence of other cases addressing this question means that, in all likelihood, it would only be a matter of time before the groundwater-conduit question returns to the Court. [read post]
29 Nov 2021, 1:24 pm by Jonathan H. Adler
They argue not only that Roe was wrong as an original matter, but also that the Fourteenth Amendment, properly interpreted, protects unborn life and prohibits abortion. [read post]
22 Sep 2016, 5:00 am by Jonathan H. Adler
Yet where business interests are unable to marshal arguments that appeal to the justices’ underlying judicial philosophies, their odds are less favorable, no matter how much business groups may believe is at stake. [read post]
11 Jul 2014, 5:22 am
All federal laws, no matter their value or purpose, must be enacted pursuant to the federal government’s enumerated powers and may not transgress other constitutional constraints. [read post]
17 Aug 2020, 7:58 am by Jonathan H. Adler
It's almost certain that she meant to change both, but the fact of the matter is that she didn't—and that left the pre-existing order of succession in place. [read post]
19 Jun 2020, 3:06 pm by Jonathan H. Adler
City of Euclid  begins: This appeal involves a Chris Rock video and a cartoon, but it is no laughing matter. [read post]
15 May 2023, 8:23 am by Jonathan H. Adler
For those interested in more historical perspective on the use of debt ceiling standoffs to pursue other political goals, I recommend this paper from 1993 explaining how "the use of the debt ceiling vote as a vehicle for other legislative matters," had become a "pattern" in the mid-1970s and 1980s, and this Washington Post fact check noting the history of attaching non-budget items to debt ceiling increases. [read post]
5 Jan 2022, 9:52 am by Jonathan H. Adler
Whichever approach Congress takes is less important than that the revised statute be unambiguous about how the matter is to be resolved. [read post]
7 Jul 2020, 7:42 am by Jonathan H. Adler
There are many reasons one might like or dislike his approach, both as a general matter as well as how it cashes out in particular cases. [read post]