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23 Jun 2017, 9:08 am by Jonathan H. Adler
So the parties have not had the chance to join issue fully on the matters now decided. . . . [read post]
19 Apr 2017, 10:32 am by Jonathan H. Adler
So one could argue (and I expect the Trump administration will argue) that whether the president is abiding by the emoluments clause is just the sort of matter that respects the nation as a whole and is not fit for judicial review. [read post]
17 Apr 2017, 2:09 pm by Jonathan H. Adler
In addition, this court instructs the Sixth Judicial District to submit a new administrative plan to this court for approval by close of business on Tuesday, April 18, 2017 that reflects the permanent reassignment of all cases referenced above, future cases involving this subject matter, and any other changes in case assignment to ensure all litigants in this district receive a fair and impartial tribunal. [read post]
25 Mar 2017, 5:27 am by Jonathan H. Adler
Highly specialized or technical matters are far different, however, than the legal matters on which federal courts are now routinely told, in the name of Chevron, to bow down and obey the executive branch. . . . [read post]
13 Mar 2017, 6:09 am by Jonathan H. Adler
The facts developed in a case matter to him; the legal rules established by legislatures and through precedent deserve deep respect; and the importance of treating litigants, counsel and colleagues with civility is deeply ingrained in him. [read post]
8 Mar 2017, 6:22 am by Jonathan H. Adler
 I have only respect and best wishes for those who agree to serve despite the deterioration of the confirmation process over the years, but everyone who knows me in this town knows that I would never accept a job that requires Senate confirmation or, for that matter, willingly place myself in any situation (e.g., a hearing room) in which convention requires that I be civil to Chuck Schumer. [read post]
8 Feb 2017, 5:05 am by Jonathan H. Adler
Let the readers decide if that matters, or indeed whether it might even enhance the author’s expertise. [read post]
23 Jan 2017, 4:54 pm by Jonathan H. Adler
This matters because, as the court has stressed time and again, Congress may create procedural rights that ease the standing burden. [read post]