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12 Oct 2016, 12:12 pm by Jonathan H. Adler
What this means, as a practical matter, is that future presidents will be able to ensure that the CFPB operates consistent with such administrations’ policy preferences. [read post]
1 Apr 2019, 7:12 pm by Jonathan H. Adler
As a matter of binding doctrine, courts can strike down entire laws based on the unconstitutionality of a single provision. [read post]
24 Apr 2018, 7:00 am by Jonathan H. Adler
These and other considerations that must shape and instruct the formulation of principles of international and domestic law are matters that the political branches are in the better position to define and articulate. [read post]
26 Jun 2023, 4:30 am by Jonathan H. Adler
But if an exercise of coercive power matters so much to the Article III standing inquiry, how to explain decisions like Massachusetts v. [read post]
16 Aug 2018, 1:33 pm by Jonathan H. Adler
As a consequence, it's only a matter of time before WOTUS makes its way back to SCOTUS. [read post]
14 Jun 2018, 5:46 am by Jonathan H. Adler
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 Jul 2016, 10:00 am by Jonathan H. Adler
Nevertheless, today’s majority reverses that determination, citing as justification only a vague privacy interest in inherently non-private matters. [read post]
9 Feb 2016, 4:36 pm by Jonathan H. Adler
As a practical matter, this stay means that the EPA may not continue to take any actions to implement or enforce the CPP pending the resolution of the state and industry challenge to the rule. [read post]
15 Jun 2018, 5:46 am by Jonathan H. Adler
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]
9 Oct 2015, 8:46 am by Jonathan H. Adler
In response, the majority argued that it has the discretionary power to issue a stay pending the resolution of the jurisdictional question, and that briefing on that matter is underway. [read post]
15 Jan 2016, 6:29 am by Jonathan H. Adler
Hyman and Michael Ramsey have additional thoughts on the matter, with a focus on Laurence Tribe’s analysis. [read post]
11 Apr 2016, 7:50 am by Jonathan H. Adler
In other cases, the Senate has refused to act for reasons that have nothing to do with the nominee, such as a belief that a position need not be filled, disagreement with the president on some other matter, for political leverage, or even to keep a seat vacant until after an intervening election. [read post]
21 Nov 2016, 4:15 pm by Jonathan H. Adler
Does it matter that the Trump kids, rather than President Trump himself, will be running the Trump enterprises? [read post]
7 Jan 2016, 6:00 am by Jonathan H. Adler
Whether Cruz should be elected president, on the other hand, is another matter, and one that voters will get to decide. [read post]
22 Feb 2016, 1:48 pm by Jonathan H. Adler
But while that may make sense, as a policy matter, that’s not the line that the text of the CWA draws. 33 U.S.C. [read post]
10 Oct 2019, 6:52 am by Jonathan H. Adler
" As a political or prudential matter, the House may decide that affording greater procedural protections to the President and his defenders is a good idea, particularly insofar as it makes impeachment more politically palatable. [read post]