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Why Carefully Designed Public Vaccination Mandates Can—and Should—Withstand Constitutional Challenge
12 Aug 2021, 5:01 am
The court’s holding that “a law that is neutral and of general applicability need not be justified by a compelling governmental interest even if the law has the incidental effect of burdening a particular religious practice” means that vaccination mandates, at least for constitutional purposes, should be subject only to rational basis review—the lowest level of judicial scrutiny, which requires merely that the government show that there could have been a rational… [read post]
10 Aug 2021, 2:58 pm
[Re-upping a post I wrote with Seth Barrett Tillman in March] Governor Cuomo has now resigned. [read post]
9 Aug 2021, 6:43 am
Four justices—Thomas, Alito, Gorsuch and Barrett—indicated that they would have granted the application, but did not explain why. [read post]
2 Aug 2021, 9:38 am
” Justice Barrett wrote a dissenting opinion explaining her views that the 1952 Patent Act abrogated the doctrine of assignor estoppel altogether. [read post]
19 Jul 2021, 9:43 am
The Majority: Justice Kavanaugh, writing for the majority (which included Justices Roberts, Alito, Gorsuch, and Barrett), agreed with Judge McKeown that only those who had their flagged credit reports actually disseminated had Article III standing. [read post]
19 Jul 2021, 7:00 am
Judge Hanen’s order merely prevents the adjudication of first-time applications for DACA. [read post]
18 Jul 2021, 9:05 pm
The Supreme Court’s 2020-2021 term was its second, and hopefully last, term conducted during the COVID-19 pandemic, and its first term with Justice Amy Coney Barrett on the bench. [read post]
16 Jul 2021, 3:18 pm
" Third, DHS may continue to accept new applications, but the agency was "enjoined from approving any new DACA applications and granting the attendant status. [read post]
15 Jul 2021, 2:54 pm
”[14] Engulfed by rapidly evolving capital markets, an investor may press “buy” on a stock- trading mobile application with real-time alerts that are entirely unrelated to anything particularly specific to perfunctory and bland corporate statements made by the target company. [read post]
14 Jul 2021, 9:01 pm
Shearson/American Express, the Supreme Court admonished that “if a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions. [read post]
7 Jul 2021, 7:34 am
The court concluded that the City’s proposed contractual terms stated a neutral and generally applicable policy under Smith. [read post]
6 Jul 2021, 6:18 am
"Justice Barrett delivered the opinion, in which Justices Roberts, Breyer, Kagan and Kavanaugh joined in full. [read post]
2 Jul 2021, 2:49 pm
These cases also raise religious liberty issues: does the application of a non-discrimination law violate the Free Exercise Clause? [read post]
1 Jul 2021, 2:09 pm
S. ___, ___ (2021) (BARRETT, J., concurring) (slip op., at 2) (noting the "nuanced" approach the Court generally takes in the"resolution of conflicts between generally applicable laws and . . . [read post]
1 Jul 2021, 8:48 am
June 29, 2021) (Barrett, J., dissenting). [read post]
1 Jul 2021, 5:31 am
The assignee changed the scope of the application after assignment. [read post]
30 Jun 2021, 6:25 pm
” Roberts then sidestepped application of Seminole Tribe of Florida by asserting that “congressional abrogation is not the only means of subjecting States to suit. [read post]
29 Jun 2021, 4:46 pm
Justices Thomas, Alito, Gorsuch, and Barrett would have granted the application. [read post]
29 Jun 2021, 4:26 pm
But it's notable that four conservative justices (Thomas, Alito, Gorsuch, and Barrett) indicated they wanted to grant the application to vacate the stay. [read post]
29 Jun 2021, 4:02 pm
Only four justices voted to grant the application to lift the stay: Justices Thomas, Alito, Gorsuch and Barrett would have lifted the stay. [read post]
