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2 Dec 2023, 10:29 am
For those keeping track, the district judge is a Reagan appointee, the two judges in the Fifth Circuit majority are Democratic appointees, and Judge Willett is a libertarian-leaning conservative appointed by Trump. [read post]
2 Dec 2023, 6:04 am
” The Florida Effect: How the Sunshine State is Driving the Conservative Agenda on Free Expression. [read post]
1 Dec 2023, 9:30 pm
"Many conservative judges don’t even bother to make substantial originalist arguments anymore," Professor Rosenblum writes. [read post]
1 Dec 2023, 12:30 pm
But how does this unique doctrine stemming from Roman law interact with modern-day Louisiana conservation law regarding forced oil and gas drilling? [read post]
1 Dec 2023, 11:24 am
The New York decision, like most of the Rehnquist Court's other pro-federalism rulings, was initially seen as benefiting conservative causes. [read post]
1 Dec 2023, 7:23 am
But if O’Connor proved disappointing to conservatives, they were delighted with her successor, Justice Samuel Alito. [read post]
1 Dec 2023, 3:00 am
From the beginning of his campaign for Congress, Ogles was dogged by questions about his fundraising claims. [read post]
30 Nov 2023, 3:55 pm
On Thursday, the Senate Judiciary Committee escalated its investigation into potential ethical lapses at the Supreme Court by authorizing subpoenas to billionaire businessman Harlan Crow and conservative activist Leonard Leo. [read post]
30 Nov 2023, 4:00 am
A more pessimistic reading of the argument is that the conservative Justices didn't ask about the removal or nondelegation issues because they don't think they will need to reach them, as they plan to rule for Jarkesy on the Seventh Amendment ground. [read post]
29 Nov 2023, 5:44 pm
Robert Barnes of The Washington Post reports that “Supreme Court conservatives seem dubious about SEC’s in-house tribunals. [read post]
29 Nov 2023, 5:55 am
Since 2017, Congress has appropriated at least $5 million annually for atrocity prevention programs. [read post]
27 Nov 2023, 9:02 pm
The Farm Bill, signed into law by President Trump on Dec. 20, 2018, was extended by Congress into next year. [read post]
27 Nov 2023, 7:44 am
Finally, many conservatives seems crazed by the thought that the private sector might voluntarily try to cut emissions. [read post]
27 Nov 2023, 4:00 am
The more liberal Justices don't like guns but are probably inclined to think that Congress has over-criminalized drug offenses. [read post]
22 Nov 2023, 3:16 pm
“This is an issue that’s coming to the front door of members of Congress,” said Sen. [read post]
21 Nov 2023, 5:30 am
Has the conservative legal movement found merit in this position? [read post]
20 Nov 2023, 10:26 am
If the intent of Congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress. [read post]
20 Nov 2023, 10:07 am
Attacking voting rights has been a long-held tool for conservatives to keep power. [read post]
20 Nov 2023, 4:00 am
The proposal would also almost certainly be defeated in the current Congress, where conservatives would likely view it as undercutting their advantage in the Supreme Court.Here I want to linger a bit on an argument I discuss briefly in the column and that Professor Tucker and I gave more attention in our article--the constitutional objection that allowing pinch-hitters would violate the requirement of Article III that there be "one Supreme Court. [read post]
19 Nov 2023, 9:00 pm
Replacing a recused conservative Justice with a liberal pinch-hitter or vice-versa would be highly controversial. [read post]
