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31 May 2019, 6:00 am by Guest Blogger
 3rd, in striking down the ACA’s conditioning continued participation in the Medicaid program on a state’s acceptance of the ACA’s expansion of that program, Roberts, for the first time in history, invoked a doctrine of unconstitutional “coercion” to invalidate a federal law – and, not insignificantly, drawing support from progressive justices Stephen Breyer and Elena Kagan, making for a 7-2 majority. [read post]
15 Jul 2006, 7:32 am
But, like a lot of conservatives, he was so irritated by the Supreme Court's decision in Hamdan v. [read post]
23 Oct 2015, 10:30 am by David Kopel
” The two-step test The Second Circuit adopted the “two-step” Second Amendment test created by the 3rd Circuit in United States v. [read post]
3 Apr 2014, 2:58 pm by Joey Fishkin
In yesterday’s big campaign finance case, McCutcheon v. [read post]
6 Aug 2008, 11:53 am
Solicitor General and the state of Louisiana,  to reopen its decision in Kennedy v. [read post]
11 Sep 2015, 12:32 pm by Melissa Hart
Wisconsin Right to Life, Inc. and Citizens United v. [read post]
19 Oct 2009, 4:10 pm by Charles Miller
The rule had amended the definition of constructive knowledge to include receipt by an employer of a no-match letter from Social Security Administration (SSA) or a notice from DHS, with a potential finding that the employer had constructive knowledge that it was employing an alien not authorized to work in the United States. [read post]
29 Jun 2024, 7:50 pm by Josh Blackman
United States, the Court nonchalantly refers to each incident. [read post]
25 Feb 2015, 12:25 pm by Lyle Denniston
United States, Justice Ruth Bader Ginsburg wrote in the main opinion that the 2002 law was so broadly worded that it “covers the waterfront, including fish from the sea. [read post]
1 Dec 2014, 11:12 am by Mark Walsh
United States, about threats on Facebook – the Justices themselves took with enthusiasm to the first case. [read post]
22 Sep 2014, 10:58 am by Beth Graham
In his paper, Professor Rau discusses the effect the United States Supreme Court’s recent decision in BG Group v. [read post]
13 Apr 2020, 3:46 am by Edith Roberts
” At CNN, Joan Biskupic reports that in “a lively Zoom chat with students at the United Nations International School,” Justice Stephen Breyer “offer[ed] a glimpse of the justices’ private negotiations against a canvas of how the law develops in America. [read post]
20 Apr 2016, 9:39 am by Lyle Denniston
  One side effect of the majority opinion was its negative view of an 1872 decision, United States v. [read post]
10 Apr 2007, 12:26 pm
Making a non-legal argument, the reply said that "the reputation of the United States is on the line in these novel and untested trials. [read post]
25 Jun 2010, 2:36 pm by zshapiro
The Supreme Court held in Holder v Humanitarian Law Project that one can be convicted of a crime for violating 18 U. [read post]
8 Nov 2011, 11:12 am by Lyle Denniston
Breyer told the government lawyer that, “if you win this case, then there is nothing to prevent the police or the government from monitoring 24 hours a day the public movements of every citizen of the United States….What happened in the past [with traditional surveillance] is memories are fallible, computers aren’t….So, if you win, you suddenly produce what sounds like 1984″ — or so, Breyer said, the other side was arguing. [read post]