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19 Sep 2024, 12:50 pm
[There are consequences to the rhetoric about the Court from high ranking officials.] [read post]
23 Dec 2019, 8:15 am
[DOJ argued that the impeachment vote may affect the resolution of the subpoena issued to Don McGahn] The House Judiciary Committee issued a subpoena to former White House Counsel Don McGahn. [read post]
7 Apr 2020, 10:37 pm
[It is anachronistic to retroactively graft modern Supreme Court precedents onto Progressive Era Precedents] Two prominent decisions in the past week turned on Supreme Court jurisprudence from 1905: Jacobson v. [read post]
28 Mar 2021, 6:00 pm
["A disaster emergency declaration will expire automatically after 21 days, regardless of the severity of the emergency, unless the General Assembly takes action to extend the disaster emergency"] Earlier this month, I blogged about legislation in New York that would limit the Governor's emergency powers. [read post]
18 Jun 2024, 5:00 am
The Office of the Solicitor General (OSG) presents oral arguments on behalf of the federal government in almost all cases before the Supreme Court. [read post]
26 Jul 2022, 11:20 am
For decades, critics have argued that originalism as a doctrine cannot resolve contemporary questions of constitutional law. [read post]
2 May 2023, 11:23 am
[Mark Paoletta explains the details of Harlan Crow's purchase of the Thomas childhood home.] [read post]
31 May 2022, 9:11 pm
[It took me 15 seconds, and it includes no reasoning. ] In April, Justice Barrett urged everyone to "read the opinion. [read post]
1 Nov 2022, 2:10 pm
[I provide an answer.] [read post]
30 Mar 2020, 12:24 pm
["For the Spring 2020 semester, students would be given the option of electing to have the grades for all of their Law School courses converted to Pass/No Credit; students would have until the last class day before the start of the study period to make this election. [read post]
28 Apr 2020, 1:44 pm
[The Chief Justice will go first, then Justice Thomas will waive his time, then Ginsburg, Breyer, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh] Today the Supreme Court announced how it will handle oral arguments during the telephonic sessions next week: At 10 a.m., the Justices will enter the main conference call, and the Marshal of the Court, Pamela Talkin, will cry the Court. [read post]
6 May 2020, 2:43 pm
[This issue turns on the arcana of ERISA.] [read post]
8 Oct 2021, 7:43 pm
[United States directed to file response by Tuesday] This evening, a Fifth Circuit motions panel (Stewart, Haynes, and Ho) granted a temporary administrative stay of the S.B. 8 ruling. [read post]
14 Feb 2023, 10:55 am
[The provision applies to "Senators and Representatives," not to the President of the Senate.] [read post]
1 Dec 2021, 3:34 pm
[What methodology should be used to determine if Roe was wrong?] [read post]
16 Dec 2021, 7:43 am
["If Congress cannot solve a perceived commercial problem with a 'mandatory purchase,' then how can it possess the authority, much less delegate it, to solve a perceived commercial problem by mandating that Americans engage in a non-commercial activity. [read post]
25 Jul 2022, 5:00 am
[On the plus side, we had Rehnquist, Scalia, Thomas, Alito, Gorsuch, Kavanaugh, and Barrett. [read post]
12 May 2020, 3:58 pm
[Douglas Letter's refusal to provide a limiting principle may have been deliberate.] [read post]
2 Sep 2020, 1:02 pm
[Lopez, Morrison, and Raich] Class 6: Enumerated Powers IV – The Rehnquist Court (9/2/20) The Commerce Clause and Necessary and Proper Clause (267-268) United States v. [read post]
19 Sep 2020, 9:22 am
["Of course, she hadn't told me anything about what the court had decided, only that I would find out in about 12 hours. [read post]
