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14 Mar 2024, 8:29 am by Daniel M. Kowalski
The new lawsuit is being filed as the Supreme Court prepares to issue a decision as to whether to allow a lower court’s injunction of the law to stay in place. [read post]
13 Mar 2024, 6:08 pm by Ilya Somin
Indeed, this was predicted by the lower court judge whose decision the Supreme Court overruled (see discussion in Part I of our article). [read post]
13 Mar 2024, 12:57 pm by Neil H. Buchanan
  It simply requires that Trump and the Republicans mount a nonstop series of challenges -- before, during, and after Election Day -- that will create the noise necessary to allow Republicans in state legislatures and governors' mansions to refuse to appoint Biden's electors.If this requires that a Republican legislature override a Democratic governor, the Supreme Court's apparent rejection last year of the Independent State Legislature theory will not stop the… [read post]
13 Mar 2024, 12:54 pm by Josh Blackman
The Judicial Conference's policy is targeted at a very small number of federal judges who have issued nationwide relief against a Democratic administration, which the Supreme Court have consistently stayed. [read post]
13 Mar 2024, 10:03 am
A Texas federal district court judge has decided that the Minority Business Development Agency’s (MBDA) policies that provide financial assistance to minority-owned businesses are unconstitutional.1  While the court’s decision does not apply to private businesses that may encourage supplier diversity as part of a holistic inclusion, equity and diversity (IE&D) program, companies should be aware of this development as IE&D programs evolve in the… [read post]
13 Mar 2024, 6:43 am by Ryan J. Farrick
The Supreme Court has extended its stay until March 18th, during which time it will assess claims that Texas Senate Bill 4 infringes on the federal government's exclusive right to dictate border and immigration policy. [read post]
12 Mar 2024, 11:01 pm by Josh Blackman
Chief Judge Randy Crane of the Southern District of Texas expressed some doubts to the Reuters: The chief judge of Texas' Southern District, Randy Crane, in a statement said the Judicial Conference's policy raised questions that need to be addressed before it could be implemented by courts. [read post]
12 Mar 2024, 9:05 pm by renholding
The Supreme Court explicitly adopted the major questions doctrine in West Virginia v. [read post]
12 Mar 2024, 7:33 pm by David Oscar Markus
   Justices Sotomayor and Barrett discuss relationships on the Court (also via the NYT):A week after Justice Amy Coney Barrett chastised Justice Sonia Sotomayor for choosing “to amplify disagreement with stridency” in a Supreme Court decision on former President Donald J. [read post]
12 Mar 2024, 6:03 pm by Howard Bashman
“The Supreme Court may let Texas get away with a totally unconstitutional deportation law; Texas Republicans are trying to rewrite the Constitution — and this Supreme Court could let them”: Ian Millhiser has this essay online at Vox. [read post]
12 Mar 2024, 3:27 pm by Joe Mullin
PERA would throw out a landmark Supreme Court ruling called the Alice v. [read post]
12 Mar 2024, 2:01 pm by Ilya Somin
A century ago, Oliver Wendell Holmes, speaking for the Supreme Court, assured us that "[t]he general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking. [read post]
12 Mar 2024, 7:24 am by Ellena Erskine
Farah, E&E News) Texas tells Supreme Court its immigration law is key to handling border crisis (Kelsey Reichmann, Courthouse News Service) Biden administration proposes $38 million for judicial security after Supreme Court protests (Bart Jansen, USA Today) Why the Supreme Court Should Clear the Way for a Pre-election Trump Trial (Kate Shaw, The New York Times) The post The morning read for Tuesday, March 12 appeared first on… [read post]
11 Mar 2024, 8:34 pm by Howard Bashman
Texas tells Supreme Court its immigration law is key to handling border crisis; The high court faces a Wednesday deadline as it considers whether Texas exceeded its authority by implementing its own migrant deportation infrastructure”: Kelsey Reichmann of Courthouse News Service has this report. [read post]
11 Mar 2024, 10:56 am by Jon Brodkin
"As the dissenting opinion by Judge [Patrick] Higginbotham makes clear, this ruling violates decades of precedent from the Supreme Court. [read post]
11 Mar 2024, 10:17 am by Matthew Loughran
Supreme Court, directs courts not to engage in an extensive fact finding to determine whether a bill that was signed by the officers of both houses and the President was actually passed. [read post]
11 Mar 2024, 9:10 am by Howard Bashman
The post “In Death Penalty Cases, a Texas Court Tests the Supreme Court’s Patience; The Texas Court of Criminal Appeals, one law professor said, treats Supreme Court rulings as ‘optional guideposts rather than the commands of a higher tribunal’” appeared first on How Appealing. [read post]
11 Mar 2024, 7:38 am by Ellena Erskine
Here’s the Monday morning read: In Death Penalty Cases, a Texas Court Tests the Supreme Court’s Patience (Adam Liptak, The New York Times) Will the Supreme Court Now Review More Constitutional Amendments? [read post]
11 Mar 2024, 4:00 am by Michael C. Dorf
Had it been filed in federal district court in Amarillo, Texas, perhaps it would have had a chance. [read post]