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3 Nov 2020, 5:42 am
”[27] As Justice Thomas explained, the Framers wrote the Congressional Elections Clause merely to prevent states from neglecting to send delegates to Congress, by imposing an affirmative obligation on them to do so. [read post]
3 Nov 2020, 5:42 am by bhorton
”[27] As Justice Thomas explained, the Framers wrote the Congressional Elections Clause merely to prevent states from neglecting to send delegates to Congress, by imposing an affirmative obligation on them to do so. [read post]
27 May 2019, 2:19 pm by Patrick A. Malone
This is called the “Feres doctrine,” after the Supreme Court decision, Feres v. [read post]
1 Oct 2007, 12:45 am
This morning, the United States Supreme Court opens its new term with a number of international law and executive power v. power of Congress cases. [read post]
21 Sep 2021, 4:00 am by Michael Woods and Gordon LaFortune
In 1995, the United States launched the first NAFTA trade challenge.[9] It was the first and only NAFTA Chapter 20 Canada-U.S. dispute as the agreement’s state-to-state provisions fell into disuse. [read post]
19 Apr 2016, 10:22 am by Matthew L.M. Fletcher
Again, as in DG, much of the commentary about tribal courts depended on how much work Congress did in enacting the Indian Civil Rights Act. [read post]
11 Jul 2013, 1:27 pm by WIMS
      The Appeals Court said, "Having reviewed the dismissal de novo, assuming that the facts stated in the complaint are true, Lambeth v. [read post]
6 Nov 2020, 12:18 pm by Marty Lederman
  There's simply no reason at all to think that the 2017 Congress believed that anyone (no reasonable person, anyway) would purchase unwanted insurance because of a "sense of legal obligation" engendered by the 2017 statutory amendment.But even if there were some such unreasonable people out there (such as, perhaps, the individual plaintiffs in the case) who mistakenly read the amended Section 5000A to require them to purchase insurance, those people--like the… [read post]
17 Jun 2013, 8:00 am by Tejinder Singh
  The challengers won in the lower court, and the Supreme Court granted review last fall to consider not only whether the state law can survive, but also whether the lower court used the right test in making its decision:  that court held that because the Constitution allows Congress to make or change election rules established by the states, Congress can veto any state laws relating to elections, even if it doesn’t make clear that it… [read post]
22 Sep 2009, 1:46 pm
Plaintiffs claim that global warming, to which Defendants contribute as the "five largest emitters of carbon dioxide in the United States and . . . among the largest in the world," Connecticut v. [read post]
17 May 2011, 7:00 am by Deeptak Gupta
Fortunately, Congress can overrule the decision by amending the act to allow states to declare some arbitration agreements unconscionable. [read post]
29 Jul 2013, 6:35 am by Matthew L.M. Fletcher
In particular, Congress added the “treatment as a state” (“TAS”) provision in CAA § 301(d), 42 U.S.C. [read post]