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21 Jan 2022, 3:00 am
National/Federal DirecTV Says It Will Sever Ties with Far-Right Network One America News MSN – Timothy Bella (Washington Post) | Published: 1/15/2022 DirecTV announced it will sever ties with One America News (OAN) after this year, pulling the conservative news channel from millions of homes. [read post]
19 Jan 2022, 9:38 am
Stentor would require the application of California choice-of-law doctrines. [read post]
18 Jan 2022, 10:54 am
Dissent notwithstanding, the CMS vaccine mandate is back, and those entities covered by the Rule should start implementing the applicable vaccine requirements promptly. [read post]
18 Jan 2022, 10:02 am
Unsurprisingly, courts are also struggling with FOSTA’s core drafting ambiguity (that was highlighted for Congress during its deliberations) about the level of scienter applicable to the sex trafficking civil claim. [read post]
17 Jan 2022, 4:30 am
The plaintiffs (technically "applicants" in SCOTUS) sought a stay of the rule. [read post]
15 Jan 2022, 7:36 am
Under applicable precedent, if the statute makes the 30-day time limit jurisdictional, then equitable-tolling claims are barred. [read post]
14 Jan 2022, 10:46 am
Justices Thomas and Alito authored separate dissenting opinions, which were joined by Justices Gorsuch and Barrett. [read post]
13 Jan 2022, 9:01 pm
Nonetheless, had he attended the oral argument in the grotesque costume I am hypothesizing, no one would have been able to trust his decision to join the unanimous ruling for Brandenburg as an unbiased application of free speech principles.Something a little bit like that happened over the last week, albeit without the same level of offensiveness. [read post]
13 Jan 2022, 12:33 pm
Agreeing that applicants are likely to prevail, we grant their applications and stay the rule. [read post]
12 Jan 2022, 2:24 pm
(Art Lien) Arguing on behalf of Antonio Arteaga-Martinez, lawyer Pratik Shah asserted that this case calls for nothing more than a straightforward application of Zadvydas. [read post]
12 Jan 2022, 12:35 pm
With the death of Justice Ruth Bader Ginsburg, who provided a necessary vote to the McGirt majority, and the confirmation of her replacement, Justice Amy Coney Barrett, the state is now asking the court to reverse itself. [read post]
12 Jan 2022, 6:47 am
The Court’s earlier two FOIA decisions—Argus Leader (2019) and Milner (2011)— were far more consequential, however, and I suspect the media would have ignored this case if it had not been Justice Barrett’s first majority opinion. [read post]
10 Jan 2022, 7:09 am
She does so (joined by Justice Barrett) in this statement respecting the denial of certiorari. [read post]
7 Jan 2022, 3:00 am
Pointing to the landmark 1977 case that forced disclosure of the Nixon tapes, the committee contends Trump has only personal disagreement with the accurate application of precedent by the lower courts. [read post]
5 Jan 2022, 10:07 am
” Justice Kavanaugh joined in Justice Barrett’s concurring opinion. [read post]
4 Jan 2022, 1:34 pm
Justice Barrett cautioned against granting emergency relief where the applicant is unlikely to succeed on the merits because, "[w]ere the standard otherwise, applicants could use the emergency docket to force the Court to give a merits preview in cases that it would be unlikely to take. [read post]
30 Dec 2021, 1:58 pm
The OCCA’s about-face on the retroactive application of McGirt, despite its foundation in subject matter jurisdiction, effectively cut off access to relief for retrospective PCR applicants. [read post]
15 Dec 2021, 8:08 am
Justices Thomas, Alito, and Gorsuch would have granted the application for relief. [read post]
14 Dec 2021, 5:00 am
Justice Barrett's concurrence seemed to assume the answer was no. [read post]
13 Dec 2021, 5:59 pm
Alito joined Gorsuch’s dissent; Thomas indicated that he would have granted the challengers’ application but did not join the Gorsuch dissent. [read post]
