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9 Jul 2022, 6:11 am by Russell Knight
“To ensure that the State has not exercised its power to classify arbitrarily, this court [applies] judicial review [via rational basis test]….Under the rational basis test, a statutory classification need only bear a rational relationship to a legitimate State goal. [read post]
9 Jul 2022, 6:01 am by Benjamin Pollard
Peter Margulies explained the Supreme Court’s decision in Biden v. [read post]
9 Jul 2022, 5:00 am by jonathanturley
Whether such state enforcement is constitutional will be hashed out in the courts in light of the 2012 decision in Arizona v. [read post]
8 Jul 2022, 11:08 am by Leonard L. Gordon and Peter Kim
The dismissal shows a procedural challenge to the FTC’s effort to piggyback on the remedial authority of state AGs to backfill the hole in its remedial powers after the Supreme Court’s decision in AMG Capital Management v. [read post]
8 Jul 2022, 6:16 am by Dennis Crouch
§ 101, as interpreted in Alice Corp Pty v. [read post]
8 Jul 2022, 4:00 am by Will Baude
Justice Thomas of course questioned this power in Gonzales v. [read post]
7 Jul 2022, 9:01 pm by Matthew Finkin
PAGA departs from that norm by granting the power to enforce a subset of California public law to every employee in the State. [read post]
7 Jul 2022, 2:05 pm by INFORRM
Proportionally restricting free speech rights In Murphy v IRTC Barrington J explained that, when there is a restriction on a constitutional right, the state can justify it if it meets a legitimate aim and is proportionate to that aim. [read post]
7 Jul 2022, 11:24 am by ACLU
But across half the states, 36 million people are in danger of losing that right after the Supreme Court’s shameful decision to overturn Roe v. [read post]