Search for: "Matter of Adler"
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11 Jul 2018, 12:47 pm
Thus, no matter whether the President is Democratic or Republican, no matter whether the Senate is controlled by Democrats or by Republicans, you have the same ground rules for how nominations will be considered. [read post]
8 Jul 2018, 9:05 pm
The piece is paywalled, but Jonathan Adler has a write-up briefly summarizing some of its other points. [read post]
8 Jul 2018, 11:50 am
Hodges is not at risk of being overturned, no matter who replaces Justice Kennedy on the Court. [read post]
6 Jul 2018, 5:39 am
Second, the CPSC can settle the matter with the distributor. [read post]
28 Jun 2018, 8:13 am
Speech was not the only freedom that mattered to Justice Kennedy. [read post]
26 Jun 2018, 8:05 am
And even if further proceedings are permitted, it would be necessary to determine that any discovery and other preliminary matters would not themselves intrude on the foreign affairs power of the Executive. [read post]
21 Jun 2018, 8:55 am
Burwell) or concerning matters that Congress cannot be presumed to have delegated to the implementing agency. [read post]
21 Jun 2018, 7:58 am
(This matters because at the time of Lucia's case before the SEC, the ALJs had not been appointed in a manner consistent with that clause.) [read post]
18 Jun 2018, 6:32 pm
Defendant chose to represent his own office in this matter, and as such, had a duty to familiarize himself with the governing rules of procedure, and to ensure as the lead attorney on this case that his discovery obligations were satisfied despite his many duties as a busy public servant. [read post]
15 Jun 2018, 5:46 am
For decades, under both Republican and Democratic administrations, the Justice Department has maintained a particularly stingy view of Article III, raising questions about plaintiffs' standing as a matter of course. [read post]
14 Jun 2018, 12:23 pm
For that reason, I joined an amicus brief signed by a cross-ideological group of law professors, including Volokh Conspiracy co-blogger Jonathan Adler, which urges the court to reject the states' position on that issue. [read post]
14 Jun 2018, 12:22 pm
The unholy alliance, so to speak, of formal opponents, should be powerful evidence--no matter how you feel about the ACA itself-- of how wrong on the law the Texas/DOJ argument is. [read post]
14 Jun 2018, 6:52 am
And here is how we conclude: Although views on the merits of the ACA as a matter of law and policy vary widely, those positions are irrelevant to severability. [read post]
14 Jun 2018, 5:46 am
For decades, under both Republican and Democratic administrations, the Justice Department has maintained a particularly stingy view of Article III, raising questions about plaintiffs' standing as a matter of course. [read post]
11 Jun 2018, 8:35 pm
The reason the suit matters is because the states claim that the individual mandate – even now that it is unenforced and unenforceable – is inseverable from the rest of the ACA, so if the mandate is unconstitutional, the rest of the law must go with it. [read post]
11 Jun 2018, 3:44 pm
" As a general matter, I have been a fan of Calabresi's scholarship on many issues. [read post]
8 Jun 2018, 7:20 am
Or before we consider the traditional practice of DOJ to defend the constitutionality of statutes when reasonable arguments are available: None of the established reasons for deviating from that practice (which I discussed in this post, about why it was not necessarily problematic that Acting Solicitor General John Roberts attacked the constitutionality of statutes in Metro Broadcasting) are remotely applicable here.But it gets worse . . . .The Government’s Implausible… [read post]
1 Jun 2018, 4:30 am
Our resource page – which covers issues from tax status to lobbying to governance issues – can help get you started: @COF_ @NGOsource @nonprofitorgs National Council of Nonprofits: Latest #Nonprofit Advocacy Matters includes two calls to action 1) Call on Congress to protect the longstanding #JohnsonAmendment and 2) for Treasury to delay imposition of new taxes on tax-exempt nonprofits that offer transportation benefits to employees http://bit.ly/2snkUNN Nonprofit Times:… [read post]
29 May 2018, 12:44 pm
The statutory claim was another matter. [read post]
29 May 2018, 4:13 am
” At Good Judgment, Ryan Adler considers the challenges involved in forecasting the outcome in the case, noting that “[w]hile there has been no shortage of coverage of the case and its varied legal, political, and social ramifications, the reality is that forecasters aren’t working with much over the life of this case before the high court. [read post]
