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8 Dec 2021, 3:30 am by Eric B. Meyer
Last week, a Louisiana federal judge entered a nationwide injunction against the CMS healthcare COVID-19 vaccine mandate. [read post]
The court found that the plaintiffs had a likelihood of proving that Executive Order 14042 went beyond mere administration and management of procurement and contracting, and did not fall within the authority actually granted to the President by Congress. [read post]
7 Dec 2021, 2:25 am by Robert S. Gilmore
It is well-established that when authorizing the exercise of powers of vast economic and political significance, Congress must be clear in its authorization. [read post]
6 Dec 2021, 9:01 pm by Michael C. Dorf
Louisiana (requiring unanimous juries in state criminal cases), Justice Kavanaugh provided what he himself described as a “lengthy and extraordinary list of landmark cases that overruled precedent,” adding for good measure that precedent has less weight in constitutional than in statutory cases. [read post]
6 Dec 2021, 8:22 am by Colby Galliher, Ishita Krishan
The Louisiana Purchase in 1803 kicked off a century of western expansion and prodigious land acquisition by the federal government. [read post]
6 Dec 2021, 7:25 am by Kevin Kaufman
Fierce unrelenting partisanship had become a way of life in Congress. [read post]
2 Dec 2021, 12:11 pm
  The judge wrote that the Biden Administration did not seek permission of Congress before issuing its mandate (it was acting without any law authorizing such action). [read post]
2 Dec 2021, 4:40 am by Eric B. Meyer
It’s not even  clear that an Act of Congress mandating a vaccine would be constitutional. [read post]
1 Dec 2021, 7:38 pm by Jonathan H. Adler
On Tuesday, a federal district court in Louisiana looked favorably on another suit against the CMS rule, this one filed by fourteen states (Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio). [read post]
1 Dec 2021, 4:22 pm by Mark Walsh
Russo in 2020, which struck down Louisiana’s abortion restrictions, takes to the lectern and tells the court, “Mississippi’s ban on abortion two months before viability is flatly unconstitutional under decades of precedent. [read post]
30 Nov 2021, 2:24 pm by Ellena Erskine
Legislative authority Two hundred twenty-eight members of Congress say abortion policy should be determined in the democratically elected branches, not in the judiciary. [read post]
Three other challenges to the CMS vaccine mandate are pending in federal courts in Florida, Louisiana and Texas. [read post]
29 Nov 2021, 5:00 am by Amy Howe
The justices have been deeply divided in cases involving abortion, the state notes, and both Congress and the states have considered or even enacted laws intended to test or overturn Roe. [read post]
23 Nov 2021, 10:11 am by Joe Consumer
(See what just happened in Louisiana.) [read post]
19 Nov 2021, 12:30 pm by John Ross
It primarily relied on statutory arguments, but also thought the mandate might go beyond Congress's enumerated powers. [read post]