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11 Sep 2023, 3:00 pm by Guest Author
Supreme Court has increasingly invoked the major questions doctrine to police the separation of powers, with a series of cases in the past few terms relying on the doctrine. [read post]
10 Sep 2023, 4:00 am by SHG
That doesn’t mean, of course, that students with strong cases who draw bad district court judges should forego appeals—the only way one of these cases is likely to make it to the Supreme Court is if an Appeals Court sides with a university in a very strong case. [read post]
8 Sep 2023, 5:01 am by Richard Re
[Recent Supreme Court cases suggest that both the left and the right are already repositioning themselves.] [read post]
7 Sep 2023, 5:01 am by Richard Re
By then, the Supreme Court had issued its decision without commenting on the matter. [read post]
6 Sep 2023, 9:01 pm by Neil H. Buchanan
I happen to agree that it would be great for the op-ed pages of The Times and The Post to break out of their ruts—with some pundits at those outlets having been in their jobs for longer than Supreme Court Justices—but what those two papers did badly missed the mark.One particularly interesting hire, in this case by The Washington Post, was a columnist from southern Ohio named Gary Abernathy. [read post]
6 Sep 2023, 5:01 am by Richard Re
The Supreme Court unanimously concluded that SBA List had standing, and for reasons that should sound familiar. [read post]
5 Sep 2023, 5:01 am by Richard Re
Perhaps the most surprising feature of the last Supreme Court term was the extraordinary public discourse on 303 Creative LLC v. [read post]
4 Sep 2023, 5:09 am by Eugene Volokh
Here's the abstract: Perhaps the most surprising feature of the last Supreme Court term was the extraordinary public discourse on 303 Creative LLC v. [read post]
3 Sep 2023, 12:23 pm by Ilya Somin
Oct. 4, 12-1:15 PM, Georgetown University Law Center, Washington, DC: "Reforming Supreme Court Ethics. [read post]
1 Sep 2023, 2:16 pm by Jon Katz
I applauded when the Supreme Court last year breathed more life than ever into the Second Amendment's protection for individual firearm possession, not because I myself want to own a handgun, but because doing so shrinks our overgrown criminal prosecution system, and because that Supreme Court decision is faithful to the language of the Second Amendment, thus supporting courts being faithful to the language of the remainder of the Bill of Rights, so… [read post]
1 Sep 2023, 5:29 am
In a landmark decision that has far-reaching implications for taxpayers involved in Foreign Bank Account Reporting (FBAR) situations, the United States Supreme Court recently ruled in favor of taxpayers, emphasizing the importance of proper legal representation in navigating complex tax matters. [read post]
31 Aug 2023, 7:00 am by Naomi Roht-Arriaza
The Supreme Court controls the employment of lower court judges, which effectively puts trial judge Bremer in charge of overseeing the charges against his bosses’ former accuser. [read post]
31 Aug 2023, 12:25 am by Lawrence Solum
  Here is the abstract: The Supreme Court has constructed key parts of First Amendment law around two underlying assumptions. [read post]
30 Aug 2023, 12:25 pm by Lawrence Solum
President and Fellows of Harvard College, the Supreme Court limited deference to universities. [read post]