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18 Dec 2020, 11:20 am
I did not see this argument raised in the SG's opening brief or reply brief. [read post]
16 Dec 2020, 11:33 am
And the SG, once again, contends that June Medical reversed the Whole Woman's Health benefit/burden framework: [The District Court's injunction] flouts this Court's admonition that a law's "incidental effect of making it more difficult or more expensive to procure an abortion cannot be enough to invalidate" the law if the law "serves a valid purpose, one not designed to strike at the right itself. [read post]
11 Dec 2020, 3:38 pm
If Paxton's own Solicitor General would not sign on to these briefs, why would the SG of Missouri or Utah? [read post]
11 Dec 2020, 7:25 am
Multiple items, unconnected except by the thread of the ongoing coup attempt: • Carter Philips, Republican former Assistant to the SG and SCOTUS advocate and leader of an early amicus opposing the Texas lawsuit, tells the National Law Journal (subscription required) that it would be "counterproductive" to seek attorney sanctions: "The problem is you just want this to end and to move on. [read post]
9 Dec 2020, 6:00 am
No. 2019-0757-SG (Del. [read post]
7 Dec 2020, 9:21 am
Would accepting the SG nomination be a good move for Kruger? [read post]
24 Nov 2020, 6:00 am
No. 2019-312-SG (Del. [read post]
16 Nov 2020, 1:32 pm
The 40th Solicitor General of the United States has died: Drew Saunders Days III was SG from 1993-1996. [read post]
13 Nov 2020, 3:30 pm
Importantly, these religious beliefs were sincere and mainstream.[3] This history stands in contrast to the understanding of Justice Alito and SG Counselor Mooppan at the Fulton oral argument. [read post]
13 Nov 2020, 12:24 pm
But Verrilli did not acknowledge his position as SG. [read post]
13 Nov 2020, 8:47 am
Arguments will be livestreamed to YouTube (https://www.youtube.com/channel/UCWvXsHlWdsIJHy3R_znCUsA) and recordings will be posted on the court's web page.Bloomberg Law has Biden’s Top SCOTUS Lawyer Should Be Woman, Court Watchers Say, about a possible female SG appointment. [read post]
13 Nov 2020, 4:32 am
The California SG conceded as much, and that concession strikes me as fatal. [read post]
12 Nov 2020, 3:54 pm
" The SG's brief stated "The individual plaintiffs can make this merits argument regardless of whether they would have Article III standing to challenge the individual mandate by itself. [read post]
12 Nov 2020, 5:20 am
” [UPDATE Postscript: If Acting SG Wall is correct that Congress only inadvertently--and unknowingly--created a command to purchase insurance, that ought to also be sufficient to defeat the argument for nonseverability. [read post]
10 Nov 2020, 7:43 pm
SG Gaming Inc. [read post]
10 Nov 2020, 11:46 am
Indeed, I think that the Chief got a little miffed at how former SG Verrilli characterized NFIB. [read post]
10 Nov 2020, 7:12 am
[High points and low points of today's oral argument in the latest Affordable Care Act case.] [read post]
6 Nov 2020, 2:30 pm
The SG says the federal government’s interpretation of the judgment bar is faithful to Congress’ overarching goal in passing the FTCA of avoiding duplicative litigation. [read post]
5 Nov 2020, 9:27 pm
In the oral argument, Counselor to the SG Hash Mooppan repeatedly urged the Court to decide the case on this case-specific theory–in particular, on the ground that the nondiscrimination condition in Philadelphia's contract with FCAs is not "generally applicable" (at least not in practice). [read post]
5 Nov 2020, 6:10 pm
Accordingly, even taking the SG’s alleged “de facto” exemptions at face value, they wouldn’t trigger heightened scrutiny for lack of “general applicability. [read post]
