Search for: "Matter of Jonathan H."
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13 Dec 2020, 8:26 am
Judge Ludwig's opinion concludes: Plaintiff's Electors Clause claims fail as a matter of law and fact. [read post]
10 Oct 2020, 7:35 am
This procedure should apply now and in the future, no matter who lives in this house or who controls the Senate. [read post]
28 Nov 2023, 8:58 am
This is one of seveal significant adminsitrative law cases before the Court this term, and (despite the arcane subject matter) may be the case that garners the most attention. [read post]
17 Apr 2017, 5:26 pm
Does this matter? [read post]
8 Jul 2019, 8:09 pm
Several of the parties questioned whether the House of Representatives had standing to intervene (and with good reason), but this does not matter for the Fifth Circuit to have jurisdiction both because the federal government is still enforcing the ACA and because (as the plaintiff states conceded), the state intervenors almost certainly have standing as well. [read post]
14 Aug 2017, 10:13 am
As a practical matter, the federal government has neither the interest in policing nor the ability to police low-level infractions of federal drug laws. [read post]
8 Jun 2015, 5:43 pm
That a university could waste thousands of dollars in the process, only compounds the matter. [read post]
3 Jul 2024, 9:30 am
As for interlocutory review, our precedent recognizes that resolving certain legal issues before trial is necessary to safeguard important constitutional interests—here, Executive Branch independence on matters that Article II assigns to the President's discretion. [read post]
23 Oct 2018, 4:29 am
As we note here, Mistretta made clear that the Sentencing Commission is not at odds with the principle of separation of powers because Congress may delegate complex matters to coordinate Branches as long as it "clearly delineates the general policy," the agency to apply it, and sets "the boundaries of this delegated authority. [read post]
10 Apr 2008, 5:01 pm
REV. 551 Debt and Democracy: Towards a Constitutional Theory of Bankruptcy Jonathan C. [read post]
14 Jul 2016, 9:45 am
Asked to comment on the matter, Justice Stephen Breyer said,”If I had an opinion, I wouldn’t express it. [read post]
5 Jun 2016, 9:56 am
” This is not only wrong as a matter of judicial ethics, but it undermines the very legal system Gonzales has spent his entire career serving. [read post]
18 Oct 2018, 6:00 am
As H. [read post]
30 Sep 2014, 12:24 pm
“The text is what it is, no matter which side benefits. [read post]
3 Mar 2015, 8:58 am
that context matters in interpreting statutes. [read post]
17 Jul 2023, 4:15 am
The cases which produce such outcomes may be a larger share of the Court's overall decisions, and such cases may have a more consistent ideological valence than before, but as a quantitative matter, the Court is still doing less. [read post]
2 Apr 2024, 9:50 am
As a general matter, it is always more difficult to demonstrate standing when a plaintiff is seeking to influence how the government treats a third party than when a plaintiff is seeking to vindicate his or her own rights as against the government. [read post]
24 Jan 2020, 12:32 pm
Instead, relying on Matter of Khan, 26 I. [read post]
12 Aug 2023, 10:30 am
Although Congress may act to strip federal court jurisdiction, that is not the last word on the matter. [read post]
9 Nov 2020, 7:20 pm
(Update: No)–5/5/20 The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It. [read post]