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27 May 2022, 8:50 am
[Or perhaps just a few items we thought readers might like.] [read post]
26 May 2022, 12:00 pm
[Without opinion the justices rejected Louisiana's application to vacate a lower court stay. ] The effort by Louisiana and other states to prevent federal agencies from relying upon the Biden Administration's Social Cost of Carbon estimates has run aground in the Supreme Court. [read post]
26 May 2022, 10:49 am
Adler's kind invitation, I'd like to elaborate, focusing on the objections that the opinion: rests on a historical error, offers only ad hoc ways to distinguish abortion from other unenumerated rights, and forecloses even a narrow constitutional right to life-saving abortions. [read post]
23 May 2022, 6:59 am
[The former Associate Justice joins those condemning the leak of a draft opinion.] [read post]
21 May 2022, 6:06 am
[A federal district court judge dismissed Lindell's counterclaims against Dominion and Smartmatic, and Lindell may still be on the hook for defamation.] [read post]
20 May 2022, 7:04 am
At “The Volokh Conspiracy,” Jonathan H. [read post]
19 May 2022, 2:37 pm
[Language in the American Rescue Plan Act prohibits states from using the funds "directly or indirectly" to offset lost revenues from tax cuts.] [read post]
19 May 2022, 2:20 pm
[An interesting and surprising research result. ] Increased concentrations of carbon dioxide and greenhouse gases in the atmosphere are expected to lead to increased tropical cyclone rainfall and hurricane intensity. [read post]
18 May 2022, 8:21 am
[A revealing interview on the Supreme Court, Chief Justice Roberts, climate change, and Tribe's tweeting habits.] [read post]
16 May 2022, 4:43 am
[A prominent progressive law professor challenges some of the prevailing orthodoxy on Roe, Dobbs, and Supreme Court precedent.] [read post]
13 May 2022, 7:57 am
[A belated 2021 lecture sponsored by the Georgetown Center for the Constitution] Last month, the Honorable Neomi Rao delivered the Georgetown Center for the Constitution's 2021 Thomas M. [read post]
13 May 2022, 5:53 am
[Trade restrictions and over-zealous FDA regulation are a big part of the problem, but there's more.] [read post]
3 May 2022, 1:34 pm
[Under current Supreme Court precedent, the answer is probably "yes. [read post]
29 Apr 2022, 10:34 am
[Adrian Vermeule responds to Judge Bill Pryor, and others comment on "Common Good Constitutionalism"] Earlier this month I noted Judge Bill Pryor's recent Federalist Society lecture, "Against Living Common Goodism," criticizing Harvard law professor Adrian Vermeule's Common Good Constitutionalism. [read post]
18 Apr 2022, 5:26 pm
As Jonathan Adler points out, today the Supreme Court refused to review a lower-court decision upholding the 2017 tax law's caps on the federal tax deduction for state and local taxes. [read post]
[Jonathan H. Adler] Supreme Court Denies Certiorari in Blue State Challenge to Cap on SALT Deduction
18 Apr 2022, 8:21 am
[An utterly meritless suit ends not with a bang, but a whimper.] [read post]
15 Apr 2022, 5:57 pm
.'” Jonathan H. [read post]
15 Apr 2022, 10:49 am
[A newly released memo from the Office of Legal Counsel suggests the answer is "yes. [read post]
15 Apr 2022, 10:22 am
[With many vacancies to fill, the BIden Administration works to identify additional judicial nominees.] [read post]
15 Apr 2022, 7:39 am
(Jonathan H. [read post]