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27 Apr 2020, 11:21 am by Josh Blackman
Justices Thomas dissented, joined by Justice Alito, and in part, by Justice Breyer. [read post]
27 Apr 2020, 11:13 am by Charlotte Butash
Circuit read its prior decision in Senate Select Committee on Presidential Campaign Activities v. [read post]
27 Apr 2020, 7:56 am by Jonathan H. Adler
Justice Alito, joined by Justices Gorsuch and Thomas, dissented. [read post]
27 Apr 2020, 4:19 am
The majority (Chief Justice Roberts and Justices Gorsuch, Thomas, Ginsburg, Breyer, Alito, Kagan, and Kavanaugh) observed that because the Lanham Act “exhibits considerable care” with different mental states including willfulness, the “absence of any such standard in the provision before [the Court],” is telling that willfulness should not be a strict prerequisite to profits award. [read post]
27 Apr 2020, 12:00 am by Paul M. Hauge
Justice Gorsuch (joined by Justice Thomas) dissented vigorously on this issue, accusing the majority of reading CERCLA in a way that favored “paternalistic central planning” over concurrent federal and state roles in the restoration of contaminated land. [read post]
Given the fact-specific, flexible nature of this multi-factor test, which drew criticism from dissenting justices Alito, Thomas and Gorsuch, it is unclear what discharges will now require permits, and we can expect more litigation as citizen suits and enforcement actions make their way through the courts. [read post]
24 Apr 2020, 7:40 am by Dani Selby
Many have expressed support for the exonerees featured in the series — Kennedy Brewer, Levon Brooks, Keith Harward, Franky Carrillo, Thomas Haynesworth, Chester Hollman II, Kenneth Wyniemko and Alfred Dewayne Brown. [read post]
23 Apr 2020, 4:09 pm by Lisa Heinzerling
Justice Clarence Thomas dissented, joined by Justice Neil Gorsuch, and Justice Samuel Alito issued his own dissent. [read post]
23 Apr 2020, 11:05 am by Jonathan H. Adler
" As Justice Thomas concluded: The best reading of the statute is that a "discharge" is the release of pollutants directly from a point source to navigable waters. [read post]
23 Apr 2020, 10:24 am by Sandy Levinson
 Otherwise, read the book. [read post]
23 Apr 2020, 10:01 am by Dennis Crouch
” I will note that IP Remedies Professor Thomas Cotter has posted a short note about the opinion with the following to-the-point statement: “To say I am disgusted would be an understatement. [read post]
22 Apr 2020, 9:01 pm by Michael C. Dorf
Joining Justice Gorsuch in the majority were Justices Thomas, Ginsburg, Breyer, Sotomayor, and Kavanaugh, although Justice Thomas did not join any of Justice Gorsuch’s opinion and Justices Sotomayor and Kavanaugh each joined only in part. [read post]
21 Apr 2020, 12:18 pm by Steven Boutwell
By: Jennifer Jones Thomas On April 20, 2020, the Louisiana Department of Health (“LDH”) Office of Public Health issued Healthcare Facility Notice/Order Notice #2020-COVID 19-ALL-10 (“Notice-10”) which supersedes prior notices and lifts some of the restrictions on medical, surgical and dental procedures as well as other healthcare services beginning on April 27, 2020. [read post]