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The FDA acknowledges, for instance, that the acceptable intake is set to mark “a small theoretical increase in risk,” and a “highly hypothetical concept that should not be regarded as a realistic indication of the actual risk,” and thus not an actual risk.[9] The corresponding hypothetical or theoretical risk to the acceptable intake level is clearly small when compared with the human’s lifetime probability of developing cancer (which the FDA states is greater… [read post]

Tortini - http://schachtmanlaw.com/blog/

“Supreme Court Considers Limiting E.P.A.’s Ability to Address Climate Change; Members of the court’s conservative majority voiced skepticism that Congress had authorized the agency to decide what they said were major political and economic questions”

1 Mar 2022, 10:11 am by Howard Bashman

Supreme Court has posted online the transcript and audio of yesterday’s oral argument in West Virginia v. [read post]

How Appealing - http://howappealing.abovethelaw.com

Profile of a potential nominee: Leondra Kruger

26 Jan 2022, 11:11 am by Amy Howe

The Supreme Court, in an opinion by Chief Justice John Roberts, unanimously rejected that position and held that the ministerial exception applied. [read post]

SCOTUSblog - http://www.scotusblog.com/

“Supreme Court’s Conservative Majority Appears Skeptical of Biden’s Virus Plan; The court seemed more likely to sustain a separate requirement that health care workers at facilities that receive federal money be vaccinated”

7 Jan 2022, 6:00 pm by Howard Bashman

Bus. v. [read post]

How Appealing - http://howappealing.abovethelaw.com

[Josh Blackman] Media Appearances, Public Speaking, and Commentary from 2021

31 Dec 2021, 5:00 am by Josh Blackman

Quoted in 'Not Surprised': Justice Alito defends controversial speech as he marks 15 years on Supreme Court, USA Today (Jan. 31, 2021) (Also available here). [read post]

The Volokh Conspiracy - http://www.volokh.com/

“Supreme Court Allows Challenge to Texas Abortion Law but Leaves It in Effect; The law, which bans most abortions after about six weeks of pregnancy, was drafted to evade review in federal court and has been in effect since September”

10 Dec 2021, 8:25 pm by Howard Bashman

Supreme Court ruling in Whole Woman’s Health v. [read post]

How Appealing - http://howappealing.abovethelaw.com

Dastar bars some claims about "patented" statements but related superiority statements are still at issue

8 Nov 2021, 9:59 am by Rebecca Tushnet

Cir. 2009) and Robert Bosch LLC v. [read post]

43(B)log - http://tushnet.blogspot.com/

“Supreme Court Hints That It May Allow Challenge to Texas Abortion Law; In two arguments on Monday, the justices considered challenges from abortion providers and the Biden administration to a law that bans abortions after about six weeks”

1 Nov 2021, 6:40 pm by Howard Bashman

Robert Barnes of The Washington Post reports that “Supreme Court seems willing to allow challenge of Texas’s restrictive abortion law. [read post]