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24 Sep 2020, 2:45 am by NCC Staff
The elder Harlan was known as the Great Dissenter for his opposition to rulings that promoted Jim Crow laws in the South. 9. [read post]
23 Sep 2020, 9:01 pm by Vikram David Amar
One stems from the Court’s ruling last year, in Rucho v. [read post]
23 Sep 2020, 3:01 pm by Mark Graber
  That the more conservative justices on the Roberts Court gave historically strong support to business interests is not surprising. [read post]
23 Sep 2020, 6:30 am by Mark Graber
  My allegedly forthcoming work maintains that John Bingham was the only Republican who really cared about Section One of the Fourteenth Amendment, Section One adds little to the Thirteenth Amendment, which was understood as an empowerment (are you listening Democrats in Congress) rather than as a constraint (are you listening John Roberts), and that few persons other than Bingham thought the privileges and immunities clause incorporated the Bill of Rights (there goes decisions… [read post]
22 Sep 2020, 1:29 pm by Amy Howe
Chief Justice John Roberts joined the court’s four more liberal justices in ruling that the government’s justification for including the question was a pretext, and shortly after that ruling, the Department of Commerce, which is responsible for the census, abandoned its plan to add a citizenship question. [read post]
22 Sep 2020, 7:24 am by John Jascob
American Federation of State County And Municipal Employees Council 31 ), although some cases suggest that stare decisis remains a strong, albeit sometimes messy, concept for the Roberts court (see, e.g., June Medical Services L.L.C. v. [read post]
21 Sep 2020, 2:00 pm by Amy Howe
President Donald Trump announced on Saturday that he would nominate a woman to fill the vacancy left by the death of Justice Ruth Bader Ginsburg. [read post]
21 Sep 2020, 11:49 am by William Ford, Anna Salvatore
The committee will hear testimony from Anthony Fauci, the director of the National Institute of Allergy and Infectious Diseases; Robert Redfield, the director of the Centers for Disease Control and Prevention; Brett Giroir, the assistant secretary of health and human services for health; and Stephen Hahn, the commissioner of the Food and Drug Administration. [read post]
21 Sep 2020, 11:05 am by Neil Schoenherr
It is also plausible that Kavanaugh and Gorsuch, and perhaps even (Chief Justice John) Roberts, shift to the right, aligning themselves with Trump. [read post]
21 Sep 2020, 3:00 am by Jim Sedor
Campaign Finance National: “Watchdog Group Calls on FEC to Investigate Donations to Trump and Others by Relatives and Associates of Louis DeJoy” by Aaron Davis for Washington Post Elections National: “US Judge Blocks Postal Service Changes That Slowed Mail” by Gene Johnson for Associated Press News Pennsylvania: “Pennsylvania Supreme Court Rules Green Party Will Not Appear on State’s 2020 General Election Ballot” by Alicia Weirsema for ABC News … [read post]
20 Sep 2020, 9:01 pm by Joseph Margulies
As a rule, the Court does not stray too far from popular will. [read post]
20 Sep 2020, 4:11 am by SHG
Roberts on the right, now that he hasn’t done the job they were told he would. [read post]
18 Sep 2020, 6:26 pm by Amy Howe
” Another influential professor, Robert Cushman, a constitutional scholar, encouraged her to go to law school. [read post]
18 Sep 2020, 3:00 am by Jim Sedor
” Gleeson’s filing set the stage for a potentially dramatic courtroom confrontation September 29 with the Justice Department and Flynn’s defense over the fate of the highest-ranking Trump advisor to plead guilty in special counsel Robert Mueller’s investigation. [read post]
17 Sep 2020, 9:05 pm by Max Masuda-Farkas
Robert Redfield, director of the Centers for Disease Control and Prevention, stated that he does not expect a vaccine to be available for wide distribution until at least the middle of 2021. [read post]
17 Sep 2020, 6:36 pm by Susan Hennessey, Benjamin Wittes
Barr is only being a little more plausibly abstract when he talks about how “In recent years, the Justice Department has sometimes acted more like a trade association for federal prosecutors than the administrator of a fair system of justice based on clear and sensible legal rules. [read post]