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22 Feb 2016, 1:48 pm by Jonathan H. Adler
But while that may make sense, as a policy matter, that’s not the line that the text of the CWA draws. 33 U.S.C. [read post]
30 Jun 2014, 6:30 pm
 Making oral contraception available OTC might not help the 3-4 percent of women who use IUDs, but it would nonetheless expand access to contraception as a practical matter, particularly for the working poor. [read post]
21 Sep 2021, 10:40 am by Jonathan H. Adler
By comparison, British Columbia adopted and imposed its carbon tax system in a matter of months. [read post]
15 Jul 2021, 9:35 am by Jonathan H. Adler
As a technical matter, Chemerinsky and Neuborne are correct that VP Harris could simply "declare the current Senate filibuster rule unconstitutional," but this would also be a futile gesture. [read post]
6 Oct 2023, 9:46 am by Jonathan H. Adler
As a matter of longstanding practice, every speaker has been a member, a tradition that dates to the First Congress (1789-91). [read post]
21 Sep 2021, 6:06 am by Jonathan H. Adler
The senator also explained his interpretation of the limited role the Constitution gave to Congress and the vice president in counting electoral votes — an interpretation in conflict with the one outlined by Eastman, who argued Pence could be the "ultimate arbiter" and either name Trump the president-elect or send the matter to the House. [read post]
8 Aug 2014, 1:42 pm
” The point here, as in my post chiding some of the president’s defenders, is that the legal details matter. [read post]
22 Jul 2014, 9:05 am
Within constitutional limits, Congress is supreme in matters of policy, and the consequence of that supremacy is that our duty when interpreting a statute is to ascertain the meaning of the words of the statute duly enacted through the formal legislative process. [read post]
25 Sep 2015, 7:35 am
In the interest of avoiding what will certainly be acostly litigation process, we are prepared to offer you the one-time opportunity to rectify this matter by providing us with your prompt written assurances that (i) you have stopped running the Attack Ads; and (ii) you will not generate or disseminate any misleading or inaccurate information or make any factually baseless accusations you know to be untrue with respect to my client at any point in the future. [read post]
29 Mar 2021, 7:39 am by Jonathan H. Adler
All that mattered was whether the Tennessee court, notwithstanding its substantial "latitude to reasonably determine that a defendant has not [shown prejudice]," still managed to blunder so badly that every fairminded jurist would disagree. [read post]
18 Nov 2022, 5:22 am by Jonathan H. Adler
It did not matter whether one of the applicants had better political connnections or relationships than the others. [read post]
17 Jun 2021, 8:33 pm by Jonathan H. Adler
(Update: No)–5/5/20 The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It. [read post]
22 Oct 2021, 8:40 am by Jonathan H. Adler
And here is the conclusion: This case is important not because of its specific subject matter of abortion, but instead for Texas's cavalier and contemptuous mechanism for shielding from review potential violations of constitutional rights as determined by this Court's precedents. [read post]
8 Feb 2021, 7:40 am by Jonathan H. Adler
Part of the reason that principles matter in politics is that once a line is crossed, even just a little, it becomes successively easier to cross it again. [read post]
28 Jul 2014, 7:27 am
Such a radical liberalization of the role of unelected judges in matters previously entrusted to the elected branches of government should be rejected. . . . the central inquiry is whether the Speaker or the House has suffered a personal injury in fact, and the absence of political means for the House to address that disagreement cannot somehow create that injury. [read post]
11 Feb 2014, 10:37 am
 For standing purposes, it’s a matter of conjecture which firm is which. [read post]
16 May 2009, 9:00 pm
[T]o say that gender makes no difference as a matter of law is not to say that gender makes no difference as a matter of fact. [read post]