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9 Nov 2020, 9:01 pm
Some statutes contain severability clauses or non-severability clauses that answer the question directly, but others, like the ACA, are silent on the matter. [read post]
21 Jan 2020, 9:01 pm
”To complicate matters, however, a federal statute appears to delegate to the Archivist of the United States the power to decide whether an amendment is valid. [read post]
9 Aug 2016, 9:01 pm
Stevens Professor of Law at Cornell University and co-author, most recently, of Beating Hearts: Abortion and Animal Rights. [read post]
23 Nov 2020, 9:01 pm
Yet, as Federal District Judge William Stickman observed in a Pennsylvania case in September of this year, although “Jacobson has been cited by some modern courts as ongoing support for a broad, hands-off deference to state authorities in matters of health and safety, other courts and commentators have questioned whether it remains instructive in light of the intervening jurisprudential development. [read post]
9 Jan 2018, 9:01 pm
Campaigning in Colorado, where recreational marijuana is legal under state law, Trump said he would leave the matter to the states. [read post]
2 Feb 2021, 9:01 pm
Stevens Professor of Law at Cornell University and co-author, most recently, of Beating Hearts: Abortion and Animal Rights. [read post]
26 Dec 2017, 9:01 pm
That formula, the Court said, was based on data that were nearly fifty years old.But why should that matter? [read post]
20 Dec 2018, 9:01 pm
As a practical matter, in constitutional cases, US courts, and especially the Supreme Court, serve roughly the same function as foreign constitutional courts with the power of “abstract” judicial review outside the context of any concrete case: passing on the validity of legislation as a general matter. [read post]
4 Aug 2020, 9:01 pm
That is a “dog bites man” story if ever there was one.Nearly everything else in the July 27 article is a matter of public record or easily inferred from the Court’s opinions. [read post]
2 Oct 2018, 9:01 pm
Given the interconnectedness of the internet, the FCC says, it would be impossible as a practical matter for ISPs to comply with California’s net neutrality law with respect to California customers only. [read post]
3 Oct 2017, 9:01 pm
We can expect the government (petitioner in the Supreme Court) to argue that the challenge is moot both on technical grounds—the earlier policy has expired—and as a substantive matter because of substantial differences between versions 3.0 and 2.0.Or perhaps one or more parties will take an unexpected position on mootness. [read post]
1 May 2018, 9:01 pm
Yet that may not be the end of the matter. [read post]
23 Jul 2019, 9:01 pm
Stevens Professor of Law at Cornell University and co-author, most recently, of Beating Hearts: Abortion and Animal Rights. [read post]
22 Jan 2019, 9:01 pm
As his opinion observes, “the integrity of the census is a matter of national importance,” because “the population count has massive and lasting consequences. [read post]
28 May 2019, 9:01 pm
There could be instances of state interference in federal matters that should raise constitutional alarms, but the New York bills are, on that score, innocuous.Follow @dorfonlaw Michael C. [read post]
31 Aug 2021, 9:01 pm
” On the face of the matter, that includes the government of Mexico, as nothing in the statute says that it protects against suits by domestic but not foreign government entities. [read post]
2 Apr 2021, 6:00 am
P. 60(c)(1), and may not be used “simply to relitigate matters settled by the original judgment. [read post]
25 Nov 2015, 5:56 pm
Jassin & Steven C. [read post]
25 Nov 2015, 5:56 pm
Jassin & Steven C. [read post]
25 Nov 2015, 5:56 pm
Jassin & Steven C. [read post]
