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Under such circumstances, as Justice Anthony Kennedy wrote in his concurrence in Burson v. [read post]
23 Jan 2018, 10:56 am by Robert Yablon
Though the question presented was quite narrow and technical, the split in Artis v. [read post]
22 Jan 2018, 11:34 am by Mark Walsh
The chief justice announces that Sotomayor has the opinion today in National Association of Manufacturers v. [read post]
12 Jan 2018, 3:15 pm by Lyle Denniston
 On Friday afternoon, the Justices agreed to reconsider a half-century-old constitutional bar to state taxes on out-of-state retailers. [read post]
12 Jan 2018, 12:54 pm by Amy Howe
Over 50 years ago, the Supreme Court ruled that the Constitution bars a state from requiring catalog retailers to collect sales taxes on sales made to state residents unless the retailer is “physically present” in the state. [read post]
12 Jan 2018, 8:19 am by MBettman
Votes to Accept the Case Yes: Chief Justice O’Connor, and Justices French, O’Neill, Fischer, and DeWine No: Justices O’Donnell and Kennedy Key Precedent Smith v. [read post]
10 Jan 2018, 2:17 pm by John Elwood
The case invites the Supreme Court to revisit precedent that generally bars states from collecting sales and use taxes on internet and direct-mail sales from out-of-state buyers. [read post]
26 Dec 2017, 9:30 am by Josh Blackman
The court supported this argument with a citation to United States v. [read post]
26 Dec 2017, 4:26 am by Edith Roberts
Colorado Civil Rights Commission, in which the court will decide whether the First Amendment bars Colorado from requiring a baker to create a cake for a same-sex wedding, arguing that “Kennedy’s stated concern about intolerance towards Christians who oppose same-sex marriage rings hollow. [read post]
18 Dec 2017, 6:00 am by Josh Blackman
” (I do not accept this framework in all of its respects—especially the conclusion that an elected official is barred from taking “purely partisan” actions—but I will work with it here.) [read post]
12 Dec 2017, 10:00 am by Peter Margulies
First, the president can’t announce, “I don’t like immigrants,” and then bar entry of all immigrants to the United States. [read post]
11 Dec 2017, 7:25 am by Ilya Somin
As Justice Anthony Kennedy pointed out during the oral argument, mandating the continuation of a law “the state doesn’t want but that the federal government compels the state to have” surely qualifies as commandeering. [read post]
10 Dec 2017, 4:18 pm by INFORRM
Judgments The following reserved judgments after public hearings in media law cases are outstanding: Washington-Carty v Fisher, heard 14 July 2017 (HHJ Moloney QC) Kennedy v The National Trust for Scotlan [read post]
7 Dec 2017, 11:00 am by Peter Margulies
Johnson made this point in his State of the Union message shortly after President Kennedy’s assassination, echoing an iconic passage from Kennedy’s Inaugural Address: “a nation that was built by the immigrants of all lands can ask those who now seek admission: ‘What can you do for our country? [read post]
7 Dec 2017, 3:41 am
In regard to the federal law, Kennedy told Paul Clement, who represented the sports groups, that the rules barring New Jersey from regulating sports betting ran afoul of the 10th Amendment. [read post]