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31 May 2019, 9:38 am by Carrie Thompson
The Supreme Court had first denied the stay in April over the objections of the court’s more liberal wing. [read post]
John Mitchell, counsel for Braidwood Management, deflected the issue of justifiability raised by the government before arguing the merits of the case. [read post]
29 Aug 2022, 12:10 pm by Lawrence Solum
This Article contends that, under the best reading of the First Amendment and the Court’s precedents, classifying a work’s value as literary, artistic, political, or scientific in nature is constitutionally irrelevant and assessments of aesthetic merit are unnecessary. [read post]
16 Jan 2008, 12:20 pm
I think the latter point is much stronger than the first.)So I agree with Justice Sills on the merits. [read post]
2 May 2008, 12:53 pm
Certified Transmission Rebuilders 746 N.W.2d 362 (2008) decision merited excepting the first review panel's law of the case decision. [read post]
21 Aug 2024, 3:42 pm by Daniel J. Gilman
  This was the first merits decision for the various challenges to the rule that have been working their way through the federal courts. [read post]
2 Nov 2007, 8:25 am
First, thanks to Prawsblawg for inviting me to be a guest here this month. [read post]
6 Sep 2021, 9:03 am by Lee Kovarsky
The post Abortion, the death penalty, and the shadow docket appeared first on SCOTUSblog. [read post]
1 Jun 2011, 11:22 am
This broader construction substantially enhances First Quality's argument... [read post]
20 Aug 2024, 5:30 pm by Eugene Volokh
A denial of a stay by the Supreme Court, which might turn on the relative harms to the parties and not the merits of the legal claim, is not a decision on the merits of the case, nor is a grant of certiorari. [read post]
11 Jan 2011, 2:22 am by John L. Welch
" In First Niagara [TTABlogged here], the CAFC stated that "a foreign opposer can present its opposition on the merits by showing only use of its mark in the United States. [read post]
20 Oct 2023, 2:25 pm by Amy Howe
The post Justices allow federal government continued communication over social media content moderation appeared first on SCOTUSblog. [read post]
30 Dec 2010, 4:11 pm by Paul Levy
 Also curiously not addressed by the Florida court was why it was entitled to issue a prior restraint on less than a full evidentiary hearing on the merits. [read post]
27 Feb 2023, 8:38 pm by Scott McKeown
By that instruction, I intended for PTAB panels to only consider compelling merits if they first determined that Fintiv factors 1–5 favored a discretionary denial. [read post]