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27 Jan 2024, 7:54 pm
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
25 Jan 2024, 5:01 am
Justice Barrett pointed out, however, that any prior decision upholding an agency interpretation at step two would be vulnerable to being relitigated if Chevron were overruled, because claimants could ask for a different outcome based on a court's determination of the best understanding of the statute. [read post]
24 Jan 2024, 7:16 am
See Seth Barrett Tillman, Why Our Next President May Keep His or Her Senate Seat: A Conjecture on the Constitution's Incompatibility Clause, 4 Duke J. [read post]
23 Jan 2024, 10:06 am
The post “Protest planned as Amy Coney Barrett and Israel Supreme Court justice to speak at Notre Dame” appeared first on How Appealing. [read post]
23 Jan 2024, 8:53 am
Justice Alito authored the majority opinion and was joined by justices Thomas, Gorsuch, Barrett, and Roberts. [read post]
22 Jan 2024, 7:26 pm
Chief Justice John Roberts and Justices Amy Coney Barrett, Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor voted to approve Biden’s request for the court to restrict Texas’ actions. [read post]
22 Jan 2024, 1:09 pm
The Biden administration needed five votes to freeze the 5th Circuit’s order, which means that Chief Justice John Roberts and Justice Amy Coney Barrett would have joined the court’s three liberal justices in voting to grant relief. [read post]
22 Jan 2024, 12:32 pm
Chief Justice Roberts and Justice Barrett voted to vacate the injunction that prevented the border patrol from cutting the wire installed by Texas. [read post]
21 Jan 2024, 5:40 pm
“In Judge Kaplan’s court, Trump plays with fire; A misbehaving defendant claims to want a showdown Monday with a judge who has a unique track record on contempt”: Shayna Jacobs and Devlin Barrett of The Washington Post have this report. [read post]
18 Jan 2024, 11:11 pm
[This post is co-authored with Professor Seth Barrett Tillman] Trump v. [read post]
18 Jan 2024, 7:53 am
Since Amy Coney Barrett replaced Ruth Bader Ginsburg, not a single conservative Christian plaintiff has lost on the merits at the Supreme Court. [read post]
18 Jan 2024, 6:38 am
Then, the defendant may defend, by, for example, invoking the safe harbor for forward-looking statements or citing Omnicare for a statement of opinion.Justice Barrett asked if the rule Macquarie is asking for was “fairly narrow. [read post]
18 Jan 2024, 4:00 am
Nebraska, Justice Barrett wrote a concurrence arguing that the MQD should not be understood as a clear statement rule. [read post]
18 Jan 2024, 3:45 am
” Justice Barrett asked, adding, “Isn’t it inviting a flood of litigation? [read post]
16 Jan 2024, 1:44 pm
For example, Justice Amy Coney Barrett noted that an injunction couldn't fix a "temporary taking" where the government has temporarily taken an owner's property, but then stopped. [read post]
16 Jan 2024, 5:20 am
By Hon. [read post]
16 Jan 2024, 5:00 am
Despite these benefits, the film documents a quickly shifting legal landscape: the death of Justice Ruth Bader Ginsburg, the appointment of Justice Amy Coney Barrett, the insurrection of January 6, 2021, and the Supreme Court’s reinstatement of the FDA’s in-person pill requirements on January 12, 2021. [read post]
13 Jan 2024, 4:31 pm
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. [read post]
12 Jan 2024, 9:30 pm
Mark Graber disputes the significance of the latest discovery of Josh Blackman and Seth Barrett Tillman related to whether the President is an Office of the United States for purposes of Section 3 of the fourteenth Amendment (Balkinization).ICYMI: The failed attempt to rename Brown v. [read post]
12 Jan 2024, 7:31 am
As Justice Barrett rightly observed at oral argument, requiring “control might go a little bit too far”; this standard was not the “linchpin” of the Court’s previous cases. [read post]