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30 Dec 2007, 12:11 pm
   Of course, since an injunction against the law going into effect would be based solely on alleged flaws in the process of verifying petition signatures, and not on the substantive constitutional merits of the legislation, the Oregon legislature could re-enact the measure in its next session, which would start the petition process going all over again.... [read post]
27 Aug 2018, 5:07 am by SHG
In the process of trying desperately to further political goals, we’re doing irreparable damage to law and logic, even the essence of rhetoric which should require at least a minimally rational argument for or against its target. [read post]
26 May 2009, 11:49 am
  Justice Werdegar, in her concurrence, wrote, after noting the strict scrutiny requirement that remains in effect after today, that "all three branches of state government continue to have the duty . . . today as before the passage of Proposition 8, to eliminte that remaining important differences between marriage and domestic partnership, both in substance and perception. [read post]
4 Jun 2024, 8:47 pm by Ilya Somin
This increase happened primarily because people who were expelled often attempted to re‐​cross the border, leading to more arrests…. [read post]
4 Mar 2011, 9:02 am by David Harlow
  Part of the reason we're hearing about this now is the impending drop-off in supplemental federal funding for Medicaid, due to end June 30. [read post]
23 Feb 2018, 6:33 am by SHG
You’re not required to meet with the feds. [read post]
8 Mar 2012, 5:30 am by Kevin
Before any TSA people invade Chili's or go running down to the beach, the point is that a terrorist doesn't need to, and wouldn't, re-enact 9/11 and probably wouldn't even bother with airplanes at all. [read post]
29 Nov 2018, 9:30 pm by Bobby Chen
The Justice Department reportedly claimed that the order “undermines the Executive Branch’s efforts” to encourage immigrants entering from Mexico “to simply follow our laws. [read post]
29 Jan 2018, 4:59 am by SHG
The integrity of military tribunals is subject to even greater threats than civil juries at a trial conducted by the “least dangerous branch. [read post]
30 Mar 2023, 6:05 am by Katherine Yon Ebright
Neither Boko Haram nor any Islamic State affiliate has been publicly disclosed as one of al-Qaeda’s “associated forces” or “successor forces” who can be targeted under the 2001 AUMF, per the executive branch’s interpretation of that authority. [read post]
29 Jun 2023, 5:35 am by Russell O’Brien
While the case failed to receive the necessary certification, it may yet fight another day, provided that it undergoes, as the CAT put it, a “root and branch re-evaluation. [read post]
23 Jan 2009, 11:35 am
In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public. [read post]
25 Apr 2018, 3:37 am by Amy Howe
” When someone says “with all due respect,” Roberts continued, that “usually means the person’s about to say you don’t know what you’re talking about. [read post]
14 Dec 2023, 9:05 pm by William McDonald
”   WHAT WE’RE READING THIS WEEK In an article in the Loyola Consumer Law Review, Matthew A. [read post]
2 May 2019, 9:05 pm by Bobby Chen
When international financial firms face a potential economic crisis at one of their foreign branches, Lopez and Bruni contended, “local regulators may require help from home regulators” in the financial firm’s own country. [read post]
13 Nov 2019, 4:50 am by SHG
For those trying so hard to swing the pendulum away from the decades of failed “tough on crime” legislation and prosecutorial practice, the election of their tribe’s prosecutors, who really aren’t prosecutors unless you’re on their disfavored list, offers a chance to undo the evils of mass incarceration, excess criminalization and prosecutorial misconduct. [read post]
10 Dec 2024, 9:05 pm by Zoe Verni
On a conservative radio show in Philadelphia back in May, Trump said, “we’re going to end it day one. [read post]