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9 Oct 2021, 11:57 am by Josh Blackman
Again, "implied statutory limitations" foreclose suits by the House and suits that implicate a governmental privilege; this one checks both boxes, so Congress itself has precluded us from granting the requested relief to the Committee. [read post]
9 Oct 2021, 8:47 am by Josh Blackman
In December 2014, a motions panel (Prado, Owen, Graves) granted a stay pending appeal. [read post]
8 Oct 2021, 7:43 pm by Josh Blackman
[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]
8 Oct 2021, 2:00 pm by Josh Blackman
Second, the district court wrongly granted an injunction in a proceeding Congress never authorized. [read post]
7 Oct 2021, 6:22 am by Howard Bashman
And at “The Volokh Conspiracy,” Josh Blackman has a post titled “The Most-Straightforward Path To Stay The S.B. 8 Injunction: There Is No Equitable Cause of Action; The Fifth Circuit should grant the stay based on the District Court’s Ninosplaining of Grupo Mexicano. [read post]
6 Oct 2021, 9:13 pm by Josh Blackman
[The Fifth Circuit should grant the stay based on the District Court's Ninosplaining of Grupo Mexicano] On Wednesday evening, the Wester District of Texas enjoined S.B. 8 in an 113-page opinion. [read post]
5 Oct 2021, 6:32 pm by Josh Blackman
If the latter, the Court will have the option of granting both petitions and consolidating the cases, or granting one petition and holding the other for a GVR. [read post]
4 Oct 2021, 12:02 pm by Josh Blackman
Granted, I was four years old when President Reagan left office, but I struggle to see how Ayer can claim the mantle of the Reagan Revolution. [read post]
2 Oct 2021, 9:02 am by Josh Blackman
[Michael McConnell and the Becket Fund filed a motion to present oral arguments before the Supreme Court. ] In September, the Court granted cert in Ramirez v. [read post]
30 Sep 2021, 7:38 am by Josh Blackman
Often, after cert is granted, the parties provide blanket consent for all amici. [read post]
23 Sep 2021, 10:27 pm by Josh Blackman
And if the Court grants DOJ's petition, then the Court can also grant Whole Woman Health's pending petition. [read post]
21 Sep 2021, 4:47 pm by Josh Blackman
Wade, which granted women the constitutional right to an abortion, and Planned Parenthood v. [read post]
Senators Josh Hawley, Mike Lee and Ted Cruz, and myriad religious organizations wrote in support of a recognized right to life. [read post]
10 Sep 2021, 10:18 pm by Josh Blackman
Nonetheless, for a federal court to proceed to the merits without certainty of jurisdiction "would threaten to grant unelected judges a general authority to conduct oversight of decisions of the elected branches of Government. [read post]
10 Sep 2021, 5:16 pm by Josh Blackman
Accordingly, we DENY the plaintiffs' motion to dismiss Dickson's appeal, and we GRANT Dickson's motion to stay the district court proceedings pending appeal. [read post]
10 Sep 2021, 12:27 pm by Josh Blackman
Fourth, "[o]ther constitutional provisions may provide an independent bar to conditional grant of federal funds. [read post]
10 Sep 2021, 4:00 am by Jim Sedor
National/Federal A Pro-Trump Group Organizing a DC Rally for Jan. 6 Defendants Lost Its Tax-Exempt Status – but Is Still Claiming Donations Are Tax-Deductible Yahoo News – Charles Davis (Business Insider) | Published: 9/8/2021 A group founded by a former Trump campaign staffer that is organizing a rally on behalf of January 6 defendants is soliciting “tax-deductible” contributions despite losing its tax-exempt status last year. [read post]
3 Sep 2021, 5:28 pm by Ram Eachambadi | JURIST Staff
Pennsylvania Attorney General Josh Shapiro tweeted calling the lawsuit “the height of hypocrisy” and added that it has “real consequences and damages public trust in our elections. [read post]