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2 Sep 2021, 6:17 am by Howard Friedman
The desired consequence appears to be to insulate the State from responsibility for implementing and enforcing the regulatory regime.The State defendants argue that they cannot be restrained from enforcing their rules because they do not enforce them in the first place. [read post]
2 Sep 2021, 4:58 am by David Oscar Markus
” By deputizing private citizens to enforce the law, Roberts stressed, the law “insulate[s] the State from responsibility. [read post]
2 Sep 2021, 4:48 am by Michael C. Dorf
DorfDissenting from last night's 5-4 order rejecting the plaintiffs' request for an emergency injunction of the Texas "heartbeat law," Chief Justice Roberts spoke for himself and his three more liberal colleagues when he wrote that theywould grant preliminary relief to preserve the status quo ante—before the law went into effect—so that the courts may consider whether a state can avoid responsibility for its laws [by relying exclusively on private… [read post]
2 Sep 2021, 4:16 am by SHG
The State defendants argue that they cannot be restrained from enforcing their rules because  they do not enforce them in the first place. [read post]
2 Sep 2021, 3:49 am by Kevin Kaufman
CAOA changes that by designating Alcohol and Tobacco Tax and Trade Bureau (TTB) and Food & Drug Administration (FDA) to develop rules and regulations to govern the cannabis market. [read post]
1 Sep 2021, 11:26 pm by Amy Howe
Kagan’s dissent, joined by Breyer and Sotomayor, focused largely on the process by which the court reached its ruling on Wednesday night. [read post]
1 Sep 2021, 5:20 pm by Russell Knight
Roberts, 448 US 56 – Supreme Court 1980 The Illinois constitution also enshrines this right. [read post]
1 Sep 2021, 12:28 pm by Mary Ziegler
Chief Justice John Roberts wrote at length about the importance of stare decisis in voting to strike down a Louisiana abortion restriction last year in June Medical Services v. [read post]
1 Sep 2021, 3:30 am by Robert Hillman
Even if content is legal, services have discretion under their own house rules on how to deal with offensive material. [read post]
31 Aug 2021, 9:01 pm by Michael C. Dorf
As Justice Ruth Bader Ginsburg wrote for the Supreme Court in a 2007 case, it is a “presumption that United States law governs domestically but does not rule the world. [read post]
31 Aug 2021, 4:15 am by Peter Hess
District Court for the Southern District of New York ruled against plaintiff Christophe Roberts’ request for preliminary injunction against defendant Puma’s alleged trademark infringement due in part to his inability to show consumer confusion. [read post]
30 Aug 2021, 3:39 pm by Marcia Coyle
But in a footnote, Roberts expressly left open addressing “religious uses of funding or other forms of discrimination. [read post]
30 Aug 2021, 4:41 am by Eric Segall
In any event, nothing in either case diminishes my thesis that the Court is not a court all things considered.I also want to say, for progressives reading this, that it is possible to be strongly in favor of gay rights and other ones such as abortion rights, and the one person-one vote rule, without necessarily thinking judges should be the public officials protecting those rights and articulating those kinds of rules.It would not be hard for me to write Supreme Myths II: The… [read post]