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23 Jun 2024, 8:38 pm by Josh Blackman
[Justice Barrett's majority clarifies Glucksberg, Mandel, Din, and Knauff, but Justice Sotomayor's dissent really wants to talk about Loving, Obergefell, and Dobbs.] [read post]
6 Jan 2023, 7:43 am by Eugene Volokh
That is our duty as the judicial branch: to sustain the rule of law—not to promote our personal policy preferences. [read post]
7 Jun 2024, 5:49 am by Ezequiel Heffes
The Inter-American Court of Human Rights has put forward a traditional perspective: For a document to be considered as a law, the court declared it should be “directed towards the general welfare” and adopted by “a democratically elected legislature and promulgated by the Executive Branch” of a State (para. 35). [read post]
11 Oct 2011, 5:23 am by Aaron Tang
Our first topic of the week is Florence v. [read post]
14 Jul 2010, 11:41 pm by Transplanted Lawyer
  By a vote of 8-0, with Justice William Brennan writing the opinion and Justice John Paul Stevens not participating, the Court upheld California's law as not pre-empting the Federal law of immigration. [read post]
1 Feb 2024, 5:01 am by Beatrice Yahia
A federal judge yesterday dismissed a lawsuit by Palestinian Americans who sought to force Washington to withdraw support for Israel’s military campaign in Gaza, as was widely expected based on constitutional precedent that only the political branches of U.S. government may determine foreign policy. [read post]
11 Apr 2017, 9:01 pm by Neil H. Buchanan
What I have always found fascinating is how many conservatives simply cannot accept the fact that their secular religion – trickle-down economics – is not exempt from the rules of logic and mathematics.Let me be clear, however, that I am not one of those economists who claims that our branch of the social sciences is a Real Science – proudly pounding our chests about the upper-case “R” and “S” – that can be just as much of a science as… [read post]
24 Apr 2008, 4:07 am
To the surprise of absolutely nobody, the Plaintiffs filed their petition seeking rehearing en banc in Colacicco/McNellis late on Tuesday. [read post]
23 Sep 2013, 9:02 pm by Anita Ramasastry
  Will John or Jane be treated differently if their student file contains lots of evidence of unruly posts? [read post]
10 Jul 2017, 9:07 am by Ilya Somin
Most of the Founding Fathers, John Stuart Mill, Alexis de Tocqueville, and many others held such views. [read post]
7 Oct 2020, 9:01 pm by Neil H. Buchanan
Because he knows that he is going to try to use the courts to reverse the people’s verdict against him in this year’s election.Having another of Mitch McConnell’s pre-screened nominees on the Supreme Court—and to be clear, there is no reason that Senate Democrats should view Trump’s nominee as a flesh-and-bones human being, because McConnell certainly sees all of these people as interchangeable—could, indeed, make the difference in post-election litigation.I… [read post]
7 Jun 2022, 5:25 pm by John Elwood
Some courts have held that the executive branch has virtually unfettered discretion to dismiss an action brought in its name to remedy a wrong allegedly done to it. [read post]
30 Sep 2016, 3:21 am by Robin Shea
JIM COLEMAN: Well, I don’t want to prejudge the argument, but I think the analysis will be whether the DOL satisfied the notice and comment rulemaking requirements of the Administrative Procedure Act, which governs the process for promulgating federal executive branch regulations. [read post]
12 Aug 2013, 8:18 am by Ronald Collins and David Skover
By contrast, those briefs asking the Court to uphold BCRA offer various arguments based on the guiding principles of stare decisis, the desirability of judicial deference to the nation’s politically accountable branches, the need for recognition of legislative expertise, and the saliency of the government’s interest in battling corruption. [read post]
22 Jun 2011, 7:57 am by Stephen Albainy-Jenei
”  The provision may well contravene constitutional principles of Separation of Powers, insofar as it permits final judicial determinations of a patent’s validity to be overruled by an executive branch agency. [read post]
24 Sep 2010, 7:09 am by Sandy Levinson
Among other things, such a model required that members (who in 19th century England included John Stuart Mill, among other notables) actually listen to one another and, at least on occasion, be persuaded by the better arguments made even by those considered political opponents. [read post]
19 Dec 2014, 6:08 am by Jim Sedor
Arkansas – Questions Surround Constitutional Amendment on Ethics, Term LimitsArkansas News – John Lyon (Arkansas News Bureau) | Published: 12/8/2014 Rep. [read post]
7 Aug 2017, 10:33 am by Amy Howe
Four other justices – Justices John Paul Stevens, Ruth Bader Ginsburg, David Souter and Stephen Breyer – disagreed; they would have allowed courts to review partisan-gerrymandering claims. [read post]
26 Sep 2017, 7:30 am by Amy Howe
Four other justices – Justices John Paul Stevens, Ruth Bader Ginsburg, David Souter and Stephen Breyer – disagreed; they would have allowed courts to review partisan-gerrymandering claims. [read post]