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5 Feb 2024, 6:56 am by Dennis Crouch
  And the court’s language should be open enough to ensure that we don’t have re-ossification of the law. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
  Even the Colorado Supreme Court could not find evidence of any consensus view on what the term meant in 1868. [read post]
4 Feb 2024, 3:16 am by SHG
Second, despite Supreme Court decisions suggesting that ambiguity alone is insufficient to trigger Chevron deference, lower courts often fail to engage in any meaningful “step zero” analysis in order to make sure that Congress had delegated the relevant authority to the agency. [read post]
2 Feb 2024, 7:05 am
However, in In Re Marriage of Frazier, the Iowa Supreme Court determined district courts do not possess the authority to decide these issues unless it is brought within the context of a modification proceeding. [read post]
1 Feb 2024, 4:08 am by jonathanturley
” Technically, affirmative action was barred decades ago by the Supreme Court. [read post]
31 Jan 2024, 7:10 am by Marty Lederman
 Assume, for example, that the Court were to issue an opinion declaring that Donald Trump engaged in an insurrection and that the Fourteenth Amendment disqualifies him from being President again or from holding any other state or federal office. [read post]
30 Jan 2024, 2:29 pm by Earl Drott
Relying on a recent decision issued by the Texas Supreme Court, the court concluded that the defendants’ requests for medical records were relevant and discoverable. [read post]
30 Jan 2024, 4:53 am by Ty Stimpson
In this article, we will explain what happens when multiple people or family members are injured in an accident based on developments in Texas law and the Texas Supreme Court “Soriano” case.What is the Soriano Rule in Texas? [read post]
30 Jan 2024, 4:53 am by Ty Stimpson
In this article, we will explain what happens when multiple people or family members are injured in an accident based on developments in Texas law and the Texas Supreme Court “Soriano” case.What is the Soriano Rule in Texas? [read post]
29 Jan 2024, 10:46 am by Frank O. Bowman, III
It cannot be sustained by any reasonable reading of the text of the Constitution, the original understanding of the Constitution, or subsequent interpretations of the Constitution by courts or constitutional scholars. [read post]
28 Jan 2024, 9:05 pm by Richard J. Pierce, Jr.
Supreme Court’s famous 1803 opinion in Marbury v. [read post]
27 Jan 2024, 2:29 pm
Its arte povera was constructed from out of the textual papier-mâché (the chewed paper) pasted together in the form of a an opinion attached to a judicial order (26 January 2024) pulped together with what one might be excused as characterizing as the self-revealing personal narrative framing declarations of Judges Xue; Bhandari; and Nolte; the counter narrative of the dissent of Judge Sebutinde; and, perhaps in the manner of the old medieval disputations, the separate… [read post]