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14 Dec 2018, 6:40 pm by Jonathan H. Adler
What matters is what Congress did -- and what Congress did is create a law that regulates health insurance markets and lacks an enforceable mandate to purchase insurance. [read post]
14 Dec 2018, 11:19 am by Jonathan H. Adler
Trump of course would have the ability to show at any trial that he did not have the willfulness required for this to become a criminal matter, but it looks like there is plenty of evidence there to give the issue to a jury. [read post]
1 Dec 2018, 4:12 am by SHG
As Jonathan Adler correctly noted on twitter, it may well be that Ian made the voluntary choice not to participate in the podcast and he wasn’t removed. [read post]
26 Nov 2018, 3:09 pm by Jonathan H. Adler
The choice matters because judgments on some issues, such as standing, could effect the viability of future climate-based claims in the future. [read post]
13 Nov 2018, 9:11 am
On November 7, Barron Adler lawyers hosted more than 100 landowners at the Old Blanco County Courthouse to discuss the Kinder Morgan Permian Highway pipeline project. [read post]
13 Nov 2018, 4:01 am by Edith Roberts
” At Good Judgment, Ryan Adler invites court-watchers to forecast the outcome in Timbs v. [read post]
23 Oct 2018, 4:29 am by Jonathan H. Adler
As we note here, Mistretta made clear that the Sentencing Commission is not at odds with the principle of separation of powers because Congress may delegate complex matters to coordinate Branches as long as it "clearly delineates the general policy," the agency to apply it, and sets "the boundaries of this delegated authority. [read post]
2 Oct 2018, 3:30 am by W.A. Edmundson
The cultural right wants to inject the state into the bedroom, to regulate sexual and procreative matters. [read post]
5 Sep 2018, 9:48 am by Jonathan H. Adler
Senator Leahy is apparently concerned that Judge Kavanaugh was not fully forthcoming on this matter during his testiony at the confirmation hearing on his nomination to the U.S. [read post]
31 Aug 2018, 5:33 pm by Jonathan H. Adler
Whether or not qualified immunity is a good thing as a matter of policy, it's not so clear that qualified immunity -- at least as currently construed and applied -- is particularly good law. [read post]
16 Aug 2018, 1:33 pm by Jonathan H. Adler
As a consequence, it's only a matter of time before WOTUS makes its way back to SCOTUS. [read post]
10 Aug 2018, 5:01 am by Gene Takagi
Medium Adler & Colvin: New post on #Nonprofit Law Matters: Treasury Releases Final Substantiation Regulations by Matt Clausen  #charities #charitablegiving Ben Soskis: Reagan’s celebration of the American tradition of “neighbor helping neighbor. [read post]
8 Aug 2018, 1:07 am by Jan von Hein
Adler: Post Daimler: Foreign companies still run the risk to be subject to U.S. general jurisdiction throughout the US. [read post]
7 Aug 2018, 12:49 pm by Timothy Zick
” In dismissing the complaint, Kavanaugh emphasized the First Amendment’s broad protection for the “unfettered interchange” of thoughts and ideas on matters of public concern. [read post]
6 Aug 2018, 9:30 pm by Jonathan H. Adler
Justice Gorsuch explained that, under Chevron, the task of reconciling potentially conflicting statutory regimes “‘is a matter for the courts,’ not agencies. [read post]
26 Jul 2018, 11:55 am by Christopher Walker
In reviewing Kavanaugh’s robust record on administrative law, I find myself agreeing with Jonathan Adler’s conclusion that a Justice Kavanaugh would not bring to the Supreme Court a commitment, in Steve Bannon’s words, to the “deconstruction of the administrative state. [read post]
24 Jul 2018, 4:39 am by Edith Roberts
” At Good Judgment, Ryan Adler recaps the crowd’s performance in forecasting Supreme Court outcomes last term, noting that a record of “[e]ight, four, and one would be respectable in many sports leagues. [read post]
13 Jul 2018, 11:28 am by Charles Davis
Judge Brett Kavanaugh has many writings to peruse, both for majorities on the U.S. [read post]
11 Jul 2018, 12:47 pm by Jonathan H. Adler
Thus, no matter whether the President is Democratic or Republican, no matter whether the Senate is controlled by Democrats or by Republicans, you have the same ground rules for how nominations will be considered. [read post]