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13 Feb 2017, 4:00 am by Jon Gelman
Gorsuch has criticized Chevron on separation of powers basis, stating that Chevron deference gives too much power to the executive branch at the expense of the legislative and judiciary branches. [read post]
11 Feb 2017, 4:59 am by SHG
The difference is that in Washington v. [read post]
10 Feb 2017, 10:08 am by Liisa Speaker
In Washington v Trump, the 9th circuit court of appeals declined to grant a stay of the federal district court’s order. [read post]
10 Feb 2017, 6:20 am by Lawrence B. Ebert
We conclude that the States have made a sufficient showing to support standing, at least at this preliminary stage of the proceedings.(...)The States argue that the Executive Order causes a concrete and particularized injury to their public universities, which the parties do not dispute are branches of the States under state law. [read post]
9 Feb 2017, 6:04 pm by Edward A. Fallone
Tonight, the Ninth Circuit issued an unanimous ruling in State of Washington v. [read post]
9 Feb 2017, 9:22 am by Paul Rosenzweig
(v) Effective immediately, it is the policy of the United States to build a more modern, more secure, and more resilient Executive Branch IT architecture. [read post]
9 Feb 2017, 5:37 am by SHG
We have a tri-partite government, with a legislative branch to enact laws, an executive branch to implement the laws enacted by the legislative branch, and a judicial branch, the “least dangerous branch,” to resolve disputes and, because of Marbury v. [read post]
8 Feb 2017, 3:09 pm by Deborah Pearlstein
Texas); and rejected (unanimously) the continued vitality of much-cited dicta from the Court’s 1934’s United States v. [read post]
8 Feb 2017, 11:07 am by Jordan Brunner
Quinta Jurecic posted the recording of the Ninth Circuit oral argument from Washington v. [read post]
8 Feb 2017, 10:26 am by Ed Stein
The Supreme Court reinforced this overall theme of deference to the political branches last year in Bank Markazi v. [read post]