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As we explained in Part One of this series, this Ashwander principle drove Chief Justice Roberts saving interpretation of the tax penalty in NFIB; and as we explained in Part Three, the same principle should lead the Court to reject the underlying constitutional challenge here. [read post]
28 Oct 2020, 9:01 pm by Vikram David Amar
The elected Arizona legislature (and Chief Justice John Robertss dissent), like the Rehnquist concurrence in Bush v. [read post]
22 Oct 2020, 11:00 am by Steve Vladeck
And as Professor Ross Davies explained in 2006, from 1802 to 1839, Congress even required a single justice to come back to Washington each August for a “rump” session — to dispose of, among other things, any pending procedural matters that did not require the full court’s attention. [read post]
13 Oct 2020, 9:01 pm by Michael C. Dorf
Justice Thomas’s rhetoric is empty.The problem is not simply the language of Justice Thomas’s Davis statement but its logic. [read post]
9 Oct 2020, 6:05 am
Robert Brown, Jr., Public Company Accounting Oversight Board, on Tuesday, October 6, 2020 Tags: Audits, Compliance and disclosure interpretation, Disclosure, External auditors, PCAOB, Stakeholders On the SEC’s 2010 Enforcement Cooperation Program Posted by Andrew J. [read post]
8 Oct 2020, 3:20 am by SHG
Davis rejected: establish a group of technical advisers to the court. [read post]
2 Oct 2020, 3:00 am by Jim Sedor
Sullivan emphasized his role is not to serve as a “rubber stamp” when it comes to reviewing Attorney General William Barr’s questionable request to toss the prosecution of the highest-ranking Trump adviser charged in special counsel Robert Mueller’s Russia investigation. [read post]
Sebelius, the Supreme Court (in a majority opinion written by Chief Justice John Roberts joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan) upheld the individual mandate as a constitutionally valid exercise of Congress’s taxing power. [read post]
25 Sep 2020, 3:00 am by Jim Sedor
The animosity directed at judges is particularly persistent in Washington, D.C. with legal battles over President Trump’s financial records and access to secret material from Robert Mueller’s Russia investigation. [read post]
23 Sep 2020, 9:01 pm by Vikram David Amar
One stems from the Court’s ruling last year, in Rucho v. [read post]
21 Sep 2020, 10:43 am by Dani Selby
This struggle is for all the Troy Daviss who came before me and all the ones who will come after me,” he said. [read post]
21 Sep 2020, 3:00 am by Jim Sedor
Campaign Finance National: “Watchdog Group Calls on FEC to Investigate Donations to Trump and Others by Relatives and Associates of Louis DeJoy” by Aaron Davis for Washington Post Elections National: “US Judge Blocks Postal Service Changes That Slowed Mail” by Gene Johnson for Associated Press News Pennsylvania: “Pennsylvania Supreme Court Rules Green Party Will Not Appear on State’s 2020 General Election Ballot” by Alicia Weirsema for ABC… [read post]
17 Sep 2020, 6:14 am by David Jensen
It is followed by UC San Diego, $232 million; UC San Francisco, $199 million, and UC Davis, $143 million.All have had a representative on the CIRM board since the inception of the program. [read post]
11 Sep 2020, 3:00 am by Jim Sedor
Judge Won’t Force Disclosure of Key Parts of Mueller Interviews Politico – Josh Gerstein | Published: 9/3/2020 A federal judge approved the Justice Department’s decision to deny the public access to large swaths of the thousands of pages of FBI reports on witness interviews from special counsel Robert Mueller’s investigation into alleged ties between President Trump’s 2016 campaign and Russia. [read post]