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18 Dec 2021, 12:10 pm by Jonathan H. Adler
[The question of whether to stay the BIden Administration rule requiring large employers to mandate vaccinations or testing is now before the Supreme Court.] [read post]
17 Dec 2021, 3:23 pm by Jonathan H. Adler
[The consequences of failing to preserve issues for appellate review.] [read post]
17 Dec 2021, 2:23 pm by Jonathan H. Adler
[My review of Philip Hamburger's new book, Purchasing Submission.] [read post]
16 Dec 2021, 6:37 pm by Jonathan H. Adler
[The Biden Administration is seeking to stay lower court injunctions against the mandate.] [read post]
15 Dec 2021, 10:33 am by Jonathan H. Adler
[A majority of judges on the court did not vote in favor of the petitions for initial hearing en banc, so the challenge will be heard by a three-judge panel] (Note: This post has been updated with excerpts from the opinions.) [read post]
13 Dec 2021, 6:52 am by Jonathan H. Adler
[The justices show little interest in vaping regulation on the shadow docket, but may yet review the FDA's behavior in the regular course.] [read post]
12 Dec 2021, 6:19 am by Jonathan H. Adler
[In response to the Supreme Court's ruling largely precluding pre-enforcement challenge of the Texas abortion law, Governor Newsom calls for similar action on guns.] [read post]
10 Dec 2021, 7:29 am by Jonathan H. Adler
[The private litigation against some defendants may proceed, but the federal lawsuit is gone.] [read post]
9 Dec 2021, 1:55 pm by Jonathan H. Adler
[Now that a federal appeals court has weighed in, the CMS mandate may reach One First Street.] [read post]
4 Dec 2021, 3:14 pm by Jonathan H. Adler
[The district court decision upholding the ATF's conclusion that bump stocks constitute unlawful "machine guns" is upheld by an equally divided court.] [read post]
1 Dec 2021, 7:38 pm by Jonathan H. Adler
[Two district courts have granted injunctions against the rule requiring vaccines for workers at Medicare and Medicaid providers, one nationwide.] [read post]
30 Nov 2021, 9:22 am by Jonathan H. Adler
[Vaping regulation gets some attention on the Shadow Docket] Yesterday, Justice Brett Kavanaugh requested that the federal government file a response to Breeze Smoke LLC's application for an emergency stay to block the Food and Drug Administration's order denying approval of the manufacturer's flavored vaping products. [read post]
29 Nov 2021, 1:24 pm by Jonathan H. Adler
[The argument made by Finnis, George, Hammer and others, that abortion is unconstitutional is not supported by text or history.] [read post]