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She uses the interpretation and application of law from the written text and observes the limits of her authority. [read post]
21 Mar 2022, 5:00 am by jonathanturley
It may depend on the application of two rival rules or models for such hearings. [read post]
17 Mar 2022, 8:20 am by Eugene Volokh
But perhaps the most talked-about aspect of the case was a much more broadly applicable rumination by Justice Kagan. [read post]
” Later, Justices Kavanaugh and Barrett each offered variations on the speeding hypothetical to further illustrate how a subjective approach would be applied. [read post]
8 Mar 2022, 3:23 pm by Will Baude
Justice Barrett later referred back to the government's answer here as the "sub-Indian canon canon. [read post]
8 Mar 2022, 4:00 am by SHG
Under that rule, any reasonable doubt about the application of a penal law must be resolved in favor of liberty. [read post]
7 Mar 2022, 7:34 am by Jonathan H. Adler
The statute contains little guidance, and reasonable doubts about its application will arise often. [read post]
7 Mar 2022, 4:30 am by Michael C. Dorf
She's right that prior SCOTUS cases don't exactly establish such a power of an appeals court over district courts, but the notion that appeals courts can't harmonize procedure in the district courts they oversee (so long as they do so consistently with applicable rules and precedents) is quite radical. [read post]
3 Mar 2022, 7:13 am by Jonathan H. Adler
In our view, the Government has provided sufficient support for its claim of harm to warrant application of the privilege. [read post]
2 Mar 2022, 11:32 am by John Elwood
They thus expressed “doubts about the state courts’ understanding of religious education and, accordingly, its application of the ministerial exception. [read post]
28 Feb 2022, 9:04 pm by Katherine McKeen
Ramirez is only one of many inmates whose rights hang in the balance as the Court assesses RLUIPA’s application to Texas law. [read post]
28 Feb 2022, 2:08 pm by Amy Howe
” Justice Amy Coney Barrett characterized one formulation of the major-questions doctrine as resting [read post]
14 Feb 2022, 9:01 pm by Michael C. Dorf
While Roberts has sometimes played a pivotal role, since Justice Ruth Bader Ginsburg’s death and her replacement by the very conservative Justice Amy Coney Barrett, the Chief’s evolution has had little impact on the outcomes of cases, as there are now five Justices to his right. [read post]
14 Feb 2022, 3:49 pm by Josh Blackman
I mean, cert petitions being an example of emergency applications being another that are not things that you confront on the Court of Appeals. [read post]
7 Feb 2022, 10:35 pm by Josh Blackman
S. ___, ___ (2021) (slip op., at 1) (BARRETT, J., concurring in denial of application for injunctive relief ). [read post]
27 Jan 2022, 8:53 pm by Josh Blackman
Justice Barrett simply indicated that she would have denied the application, without a noted dissent. [read post]
24 Jan 2022, 8:44 am by Amy Howe
According to the group, Asian Americans are significantly less likely to be admitted than similarly qualified white, Black, or Hispanic applicants. [read post]
21 Jan 2022, 12:22 pm by Amy Howe
In a brief order on Friday afternoon, the justices agreed to take up only the first question presented by the state’s petition, relating to the application of McGirt to bar state prosecutions of non-Native defendants who commit crimes against Native Americans in “Indian country. [read post]