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1 Dec 2020, 1:34 pm by Amy Howe
But if Ramos was a “new rule,” Edwards adds, it still applies retroactively because of its “profound contribution to fairness and accuracy in criminal proceedings in Louisiana and Oregon. [read post]
27 Nov 2020, 10:41 am by Jonathan H. Adler
Here is how it begins: Free, fair elections are the lifeblood of our democracy. [read post]
24 Nov 2020, 7:00 am by David Cole
He has named fully 30 percent of federal court of appeals judges, and three Supreme Court justices: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. [read post]
20 Nov 2020, 3:00 am by Jim Sedor
National/Federal 6 Lawmakers in 5 Days: New COVID-19 infections put spotlight on Congress’ loose guidelines USA Today – Christal Hayes | Published: 11/18/2020 As rampant nationwide coronavirus spikes force states to reexamine reopening efforts, Congress is still struggling to maneuver around the pandemic as it encroaches on legislative business and endangers its members. [read post]
15 Nov 2020, 4:05 pm by Nassiri Law
Of course, this was before the death of Justice Ruth Bader Ginsberg and her subsequent replacement by conservative Justice Amy Coney Barrett. [read post]
9 Nov 2020, 9:01 pm by Michael C. Dorf
Remarkably, lower court judges agreed with them.Nonetheless, a fair assessment of the issues leads to the conclusion that the plaintiffs should lose this case for at least three independent reasons.(1) Neither the individual plaintiff nor the state of Texas suffers any injury giving rise to legal standing as a consequence of a law that instructs individuals who do not obtain health insurance to pay a tax of $0. [read post]
6 Nov 2020, 5:02 am by Eugene Volokh
The new Justice, Amy Coney Barrett, whom most people assume is not a friend to the Smith decision, pointedly asked CSS's counsel: [Y]ou argue in your brief that Smith should be overruled. [read post]
4 Nov 2020, 5:36 pm by Amy Howe
The court’s newest justice, Amy Coney Barrett, appeared less enthusiastic about overruling Smith. [read post]
2 Nov 2020, 9:01 pm by Joanna L. Grossman
These actions run the gamut from reducing the ability to enforce fair pay laws to cutting support for caregivers to cutting nutrition assistance. [read post]
2 Nov 2020, 7:21 pm by Ilya Somin
In Taylor, a 7-1 majority (the just-confirmed new Justice Amy Coney Barrett did not participate), concluded that the lower court had gone too far in granting qualified immunity to prison officials in an egregious case where they subjected a prisoner to horrific treatment:  …Trent Taylor is an inmate in the custody of the Texas Department of Criminal Justice. [read post]
Justice Amy Coney Barrett, the Court’s newest member, did not participate in the consideration or decision of the case. [read post]
31 Oct 2020, 4:15 am by Sue Ghosh Stricklett
On the other hand, if Google accepts Oracle’s claim of copyright protection, can Google then assert a fair use defense for its use of 11,500 lines of declaring code? [read post]
30 Oct 2020, 1:17 pm by Sara Chimene-Weiss, Helen White
Notably, Justice Brett Kavanaugh and other newly appointed conservative circuit judges (although not Justice Amy Coney Barrett when she was a circuit judge) have, in separate opinions, suggested that the entire inquiry should be focused on history and tradition, without any means-end scrutiny. [read post]
30 Oct 2020, 4:00 am by Ian Mackenzie
Whether the individual circumstances of the case and procedural fairness considerations necessitate an in-person hearing. [read post]
29 Oct 2020, 9:05 pm by Alana Sheppard
Senate confirmed Justice Amy Coney Barrett to the U.S. [read post]
29 Oct 2020, 5:00 pm
In the clash of ideals about what is just, I want judges to decide cases based on settled law and fair process. [read post]
29 Oct 2020, 11:30 am by Alexander Ross Perry, Christopher Meyer
There, in federal court, the Trump campaign alleges that mail-in voting “is the single greatest threat to free and fair elections. [read post]
29 Oct 2020, 10:15 am by John Floyd
The post Venue Transfers: When Your Texas Case Won’t Get a Fair Shake appeared first on . [read post]