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15 Jun 2022, 8:23 am by Jonathan H. Adler
[Chief Justice Roberts refuses to join a wee little footnote in a Justice Barrett opinion.] [read post]
15 Jun 2022, 8:03 am by Jonathan H. Adler
[The Supreme Court has decided not to decide an important question relating to flips in federal policy when Administrations turn over.] [read post]
15 Jun 2022, 7:16 am by Jonathan H. Adler
[Justice Gorsuch has dissented from two-thirds of Justice Barrett's majority opinions this term.] [read post]
14 Jun 2022, 1:21 pm by Jonathan H. Adler
[Perhaps the real question is whether such a school is a state actor for purposes of Section 1983. [read post]
14 Jun 2022, 4:42 am by Jonathan H. Adler
[Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.] [read post]
13 Jun 2022, 4:00 am by Howard Friedman
Rosenbaum, 'Legal Capacity' Under the UN Convention on the Rights of Persons with Disabilities: In Support of Supported Decision-Making, (Forthcoming, 3 Islamic Studies on Human Rights & Democracy _ (2022)).From SmartCILP:Rosalind Dixon, Strong Courts: Judicial Statecraft in Aid of Constitutional Change, 59 Columbia Journal of Transnational Law 298-363 (2021).Jonathan K. [read post]
7 Jun 2022, 6:54 pm by Jonathan H. Adler
[The justices hear fewer cases and decide fewer questions than they used to.] [read post]
2 Jun 2022, 10:57 am by Jonathan H. Adler
[We will get opinions on Monday, but the Court will have to average more than two opinions per day to finish before July 4.] [read post]
2 Jun 2022, 10:41 am by Jonathan H. Adler
[Questions about the scope of federal power will remain. ] In today's Washington Post Robert George and Joshua Craddock argue that Congress can and should enact federal legislation to "enforce constitutional rights for the unborn" if the Supreme Court overturns Roe v. [read post]
1 Jun 2022, 6:57 am by Jonathan H. Adler
[The judicial conference endorses making PACER searches free for non-commercial users.] [read post]
31 May 2022, 8:07 pm by Jonathan H. Adler
[With thirty-three opinions in argued cases yet to issue, the Supreme Court is well behind the usual pace.] [read post]
31 May 2022, 6:33 pm by Ilya Somin
UPDATE: Co-blogger Jonathan Adler, an expert on environmental law, has a post on the case here. [read post]
31 May 2022, 6:16 pm by Jonathan H. Adler
[A state court rules that bumble bees may qualify as "fish" under the California Endangered Species Act] Concerned for the plight of bumble bees, environmental organizations petitioned the California Fish and Game Commission to list four bumble bee species--the western bumble bee, Franklin's bumble bee, Crotch's bumble bee and the Suckley cuckoo bumble bee--as "endangered" under the California Endangered Species Act (CESA). [read post]
27 May 2022, 9:32 am by Jonathan H. Adler
[The en banc Sixth Circuit concludes that the lawsuit seeking an injunction against Michigan's mask mandate is now moot. ] On Wednesday, the en banc U.S. [read post]
26 May 2022, 12:00 pm by Jonathan H. Adler
[Without opinion the justices rejected Louisiana's application to vacate a lower court stay. ] The effort by Louisiana and other states to prevent federal agencies from relying upon the Biden Administration's Social Cost of Carbon estimates has run aground in the Supreme Court. [read post]
26 May 2022, 10:49 am by Jonathan H. Adler
Adler's kind invitation, I'd like to elaborate, focusing on the objections that the opinion: rests on a historical error, offers only ad hoc ways to distinguish abortion from other unenumerated rights, and forecloses even a narrow constitutional right to life-saving abortions. [read post]