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22 Sep 2020, 7:24 am by John Jascob
For example, a recent list adds former Solicitor General Noel Francisco, who oversaw the government’s changed position in a brief that conceded that SEC administrative law judges are officers of the U.S. and not mere employees for Appointments Clause purposes. [read post]
19 Sep 2020, 11:34 am by Katie Bart
When Justice Ginsburg was last in my office earlier this year, I pointed out a photo I keep of her standing with four women who served as law clerks in my chambers in my first term. [read post]
18 Sep 2020, 6:26 pm by Amy Howe
She was the first person to be a member of both the Harvard Law Review and the Columbia Law Review. [read post]
16 Sep 2020, 6:30 am by Sandy Levinson
  (The Supreme Court, of course, paid absolutely no attention to Hamilton’s assurances in deciding in July that electors could actually be turned into mindless minions of whoever voted them into office, the one example at the national leve [read post]
11 Sep 2020, 4:03 am by Michael Boyd
Justice Stephen Breyer wrote in a statement denying the appeal that he would be open to future constitutional challenges to indefinite detainment: “Al-Alwi faces the real prospect that he will spend the rest of his life in detention based on his status as an enemy combatant a generation ago, even though today’s conflict may differ substantially from the one Congress anticipated when it passed the AUMF, as well as those 'conflicts that informed the development of the… [read post]
8 Sep 2020, 11:10 am by Matt Cooper
The Supreme Court did, however, leave in place a portion of the district court’s order, in effect permitting absentee ballots to be postmarked by Election Day even though state law would have required them to be delivered to local election offices by then. [read post]
31 Aug 2020, 2:05 pm by SCOTUStalk
She’s argued 14 cases before the justices dealing with everything from bankruptcy to Indian law. [read post]
31 Aug 2020, 1:13 pm by DONALD SCARINCI
As Justice Stephen Breyer wrote on behalf of the Court: In our view, the Appointments Clause governs the appointments of all officers of the United States, including those located in Puerto Rico. [read post]
27 Aug 2020, 5:41 am by James Romoser
In the National Law Journal’s Supreme Court Brief, Tony Mauro highlights a new cookbook, published by the American Bar Association, containing recipes from five Supreme Court justices, including Justice Sonia Sotomayor’s “fast and easy dressed-up fish” and Justice Stephen Breyer’s Italian pot roast. [read post]
17 Aug 2020, 11:58 am by SCOTUStalk
They’re cases that rest upon an assumption that is clearly contrary to fact. [00:08:14] TG: No, Justice Souter, and that is the government has argued, and this court has accepted again, and this is a different point, and that is you have to have a clear line for police officers that is administrable. [read post]
4 Aug 2020, 1:16 pm by Kalvis Golde
Such support appears to be rare: CAP’s issue brief highlights a concession from only one sitting justice, Stephen Breyer, that term limits would be “fine” at a 2016 conference hosted by the Association for American Law Schools. [read post]
3 Aug 2020, 9:05 pm by Rachel Rebouche
Likewise, in June Medical Services, Justice Breyer concluded that the Louisiana law offered no benefit for patient safety or health. [read post]