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26 Mar 2019, 3:27 am by Edith Roberts
Preap, in which a divided court held last week that a noncitizen does not become exempt from mandatory detention if, after he has been released from criminal custody, immigration agents do not take him into immigration custody immediately, “will not likely have a huge impact on immigration law and immigration detention. [read post]
25 Mar 2019, 3:55 am by Edith Roberts
Briefly: At NPR, Nina Totenberg discusses Joan Biskupic’s new book on Chief Justice John Roberts, noting that “[t]he retirement of Justice Anthony Kennedy last June, and the appointment of Brett Kavanaugh to replace him, means that, as Biskupic puts it, Roberts ‘has the court he always wanted. [read post]
21 Mar 2019, 8:57 am by Emma Broches, Julia Solomon-Strauss
The complaint does not identify Taheb as affiliating with any particular terrorist group, but it said that he sent his two presumed collaborators a link to a lecture by Anwar al-Awlaki, the former leader of al-Qaeda. [read post]
20 Mar 2019, 10:19 am by Adam Feldman
Even though Chief Justice John Roberts was in the conservative camp for many of these split decisions last term, he voted with the court’s liberals in Artis v. [read post]
20 Mar 2019, 8:55 am by Amy Howe
First, deferring to an agency’s interpretation of its own regulation violates due process, because it does not give the people or entities affected by the regulation fair notice of what they can or cannot do. [read post]
19 Mar 2019, 8:35 am by Amy Howe
Chief Justice John Roberts suggested that courts should not review partisan-gerrymandering cases at all, to preserve the institutional reputation of the judiciary. [read post]
12 Mar 2019, 8:40 am by Adam Feldman
How does this stack up to justices in years past? [read post]
11 Mar 2019, 5:00 am by John Jascob
Justice Kennedy even posited that the Internet could make the methods of corporate democracy more potent. [read post]
10 Mar 2019, 5:08 pm by INFORRM
Countdown presenter Rachel Riley has threatened libel proceedings against a Labour party official, Laura Murray, over a tweet which suggested that Ms Riley had said Jeremy Corbyn deserved to be violently attacked because he is a Nazi/ Hold the Front page has a law column about the approach of the defamation courts to meaning issues entitled “But what does it mean? [read post]
6 Mar 2019, 7:18 am by Michael Dorf
Chief Justice John Roberts surprised some observers when he joined his four more liberal colleagues to grant a stay of the decision by the U.S. [read post]
25 Feb 2019, 3:44 am by Edith Roberts
” In an op-ed for The New York Times, Randall Kennedy weighs in on the pending cert petition in Tharpe v. [read post]
20 Feb 2019, 10:32 am by admin
Representative John Bingham of Ohio offered a new draft: The Congress shall have power to make all laws which shall be necessary and proper to secure to the citizens of each state all privileges and minutes of citizens in the several states (Art. 4 Sec 2) 31; and to all persons in the several States equal protection in the rights to life, liberty, and property (5th Amend.).32 While Bingham’s draft directly cited the Constitution, the committee minutes indicate that it decided not to… [read post]
19 Feb 2019, 11:30 am by Mark Walsh
(And she will participate in the January cases, as Chief Justice John Roberts explained each day, by reading the briefs and transcripts.) [read post]
13 Feb 2019, 1:34 pm by Jack Goldsmith, Maddie McMahon
“I don’t think there’ll be a report,” President Trump’s former attorney, John Dowd, recently told ABC News. [read post]
7 Feb 2019, 7:46 pm by Amy Howe
A federal trial court agreed with the abortion providers that Louisiana’s law is unconstitutional because it does “little or nothing for women’s health” but would “cripple women’s ability to have an abortion. [read post]
4 Feb 2019, 1:31 pm by Amy Howe
Chief Justice John Roberts suggested that courts should not review partisan-gerrymandering cases at all, to preserve the institutional reputation of the judiciary. [read post]