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25 Feb 2015, 11:46 am by Marty Lederman
§ 1324a(h)(3) -- then the Secretary obviously does not cause the President to violate his "take Care" duty if he decides to exercise that statutorily conferred discretion.And if, on the other hand, Congress has clearly precluded the Secretary from exercising such discretion, then that's an ordinary statutory/APA violation, just as is alleged every day in countless other cases challenging agency actions. [read post]
23 Jun 2020, 11:28 am by Katie Cassidy Tranter
  President Trump issued a Presidential proclamation suspending the entry of individuals into the U.S. on select nonimmigrant visas, including H-1B, H-2B, J-1, and L-1 visa holders, as well as their dependents. [read post]
5 Sep 2013, 10:10 pm by Simon Gibbs
I have heard it being suggested that the Directions Questionnaire is therefore wrong as Precedent H does not need to be attached to it; rather, if no date is expressly specified, it does not need to be filed or exchanged until seven days before the first case management conference. [read post]
9 Apr 2017, 9:25 pm by News Desk
The warning letter said H&W does not have an HACCP plan for cherry juice concentrate. [read post]
5 Feb 2020, 9:01 pm by Neil H. Buchanan
  He only cares about power, and this does not diminish his power.For that matter, he actually might not have cared about being convicted. [read post]
27 Jan 2021, 9:01 pm by Neil H. Buchanan
What does the Constitution say, simply as a matter of text? [read post]
30 Apr 2018, 8:42 am by Jonathan H. Adler
When agency action threatens such severe repercussions, the "mere possibility that an agency might reconsider" does not deprive the action of finality. [read post]
1 Jul 2016, 9:56 am by Jonathan H. Adler
At no point does the ACA give even the slightest indication the definition of “excepted benefit” was suddenly debatable; rather, the Act doubled down on the PHSA’s existing requirements. [read post]
20 Apr 2018, 4:48 am by Jonathan H. Adler
However reasonable it may be to withhold specific Justice Department grants from cities that refuse to cooperate with federal immigration enforcement, Congress has not authorized the imposition of such a condition on federal funding, nor does the Justice Department have the inherent authority to impose such conditions on the receipt of such grants. [read post]
25 Feb 2018, 11:00 am by Jonathan H. Adler
Does the Senator know of any Senator who wrote the committee report? [read post]
22 Jun 2016, 5:18 am by Jonathan H. Adler
Congress’ inability or unwillingness to pass a law desired by the executive branch does not default authority to the executive branch to act independently, regardless of whether hydraulic fracturing is good or bad for the environment or the Citizens of the United States. [read post]
21 Mar 2016, 8:07 am by Jonathan H. Adler
So the fact that Garland votes to uphold agency decisions more often than not does not tell us very much. [read post]
6 Sep 2018, 8:44 pm by Jonathan H. Adler
Inexplicably, the Justice Department did not raise standing and (according to the press reports above) it does not appear Judge O'Connor was particularly interested in them. [read post]
22 Sep 2020, 4:45 pm by Eugene Volokh
Forte, Andrew Geronimo, Raymond Ku, Stephen Lazarus, Kevin Francis O'Neill, Margaret Christine Tarkington, Aaron H. [read post]
1 Sep 2023, 1:06 pm by Eugene Volokh
For instance, Plaintiff claims that her lyrics "from east or west coast all the bosses f*ck with me" were infringed upon by Defendants' lyrics "real n****s love me from the H to the D". [read post]