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7 Jul 2020, 7:55 pm by Jonathan H. Adler
Turner and Isenberg do an admirable job identifying often-overlooked factors in the Republican Party's evolution on environmental matters, yet it is quite clear where their sympathies lie. [read post]
25 Jul 2015, 6:16 am
As a legal matter, does someone who pocket dials an acquaintance have a reasonable expectation of privacy in the content of the call? [read post]
9 Apr 2014, 7:14 am
 Unless there is actual evidence of another problem (and I’ve seen none) that should end the matter. [read post]
8 Jun 2020, 5:35 pm by Jonathan H. Adler
At the same time, Margulies suggests that if the Justice Department were to forthrightly claim that it wanted to dismiss the charges as a matter of prosecutorial discretion, it would be a difficult motion to deny. the motion to dismiss ignores the entire context and premise of the Russia probe. [read post]
19 Jun 2014, 7:58 am
 This means the Court will have been unanimous in a clear majority of cases decided this term no matter what happens next week. [read post]
31 Aug 2020, 7:01 pm by Jonathan H. Adler
In 2019, following our decision, NHTSA issued a final rule that rolled back the penalty to $5.50 on the theory that the inflation-adjustment laws do not apply to the CAFE penalty in the first place, and that even if they did, an increase would be unwarranted as a matter of economic policy. [read post]
14 Dec 2022, 10:15 am by Jonathan H. Adler
Then, it read Title IX to cover virtually anyone who sets foot on campus, no matter the reason. [read post]
10 Dec 2019, 12:39 pm by Jonathan H. Adler
It matters not to me as a judge whether Congress embraces or disapproves of the administration's actions, but it is time for a feckless Congress to come to the table and grapple with these issues. [read post]
24 Jun 2021, 8:47 am by Jonathan H. Adler
It is part of the Executive Office of the President, created for the purpose of advising the President on environmental matters. [read post]
3 May 2019, 5:58 am by Jonathan H. Adler
As a general matter, the White House doesn't turn over documents just to be nice, but because there is an implicit threat of potential escalation and sanction -- ultimately impeachment itself -- if legislative investigation is unduly obstructed. [read post]
8 Mar 2023, 11:50 am by Jonathan H. Adler
If the subject matter of this case were anything other than abortion, the plaintiffs would have no chance of succeeding in the Supreme Court. [read post]
5 Mar 2015, 11:10 am
Dole where where the matter of funding for the highway, suppose Congress said, and if you don’t build the highways, you have to go 35 miles an hour all over the State. [read post]
1 Sep 2014, 1:32 pm
Such application of the federal hate crime law — or any hate crime law for that matter — could be troubling. [read post]
26 Jun 2019, 5:29 pm by Jonathan H. Adler
However weak one thinks the standing claim of intervenor states might be, that of the plaintiff states was weaker—at least as an initial matter. [read post]
1 Dec 2022, 5:14 pm by Jonathan H. Adler
The Richey test has been in place for nearly fifty years; its limits apply no matter who the government is investigating. [read post]
29 Dec 2022, 7:34 am by Jonathan H. Adler
But such instances seemed more a matter of tossing in a few lines here and there to support a particular result than any application of an established doctrine. [read post]
25 Jul 2024, 3:10 pm by Jonathan H. Adler
Today, the majority declares as a matter of law that no reasonable person could consider the facts of this case and reach a conclusion contrary to the one it reaches. [read post]