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14 May 2018, 1:05 pm
In a decision by Justice Samuel Alito, the court began by explaining that the “anticommandeering doctrine may sound arcane, but it is simply the expression of a fundamental structural decision incorporated into the Constitution” – “the decision to withhold from Congress the power to issue orders directly to the States. [read post]
14 May 2018, 12:19 pm
The ruling, with the main opinion by Justice Samuel A. [read post]
14 May 2018, 9:49 am
Writing for a 7-2 Supreme Court majority, Justice Samuel Alito correctly concluded that this is a distinction without a difference: The PASPA provision at issue here—prohibiting state authorization of sports gambling—violates the anticommandeering rule. [read post]
14 May 2018, 9:38 am
In the majority opinion, Justice Samuel Alito highlighted the importance... [read post]
14 May 2018, 8:51 am
” In his dissent, Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, said that the Supreme Could should not have decided the case since English didn’t really admit McCoy’s guilt in trial court. [read post]
14 May 2018, 8:31 am
” “It is as if,” Justice Samuel Alito wrote for the majority, “federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals. [read post]
14 May 2018, 8:11 am
In a 7-2 majority decision, Justice Samuel Alito struck down a 1992 federal law that regulated sports betting on a state level as the Court’s majority took a strong stance on the 10th Amendment and states’ powers. [read post]
14 May 2018, 7:38 am
Justice Samuel Alito, a New Jersey native, wrote the court's opinion in the case. [read post]
14 May 2018, 7:03 am
Justice Samuel A. [read post]
14 May 2018, 6:44 am
The aspiration of the Federal Rules of Civil Procedure is to have a single uniform procedure for every kind of case. [read post]
11 May 2018, 7:22 am
The Most Notorious US Financial Scammers Every civilized society is dependent for its success on its citizens being able to trust one another. [read post]
8 May 2018, 11:21 am
In one instance, Justice Sonia Sotomayor, a likely vote for the state commission, engages in this pointed interaction with the cake artist’s attorney: Contrastingly, Justice Samuel Alito, a likely vote for the cake artist, threw the same attorney a softball during this interaction: Although the justices’ positions are sometimes predictable and their interactions occasionally hint at their positions on the merits, much is still left on the table after oral argument is… [read post]
8 May 2018, 11:15 am
Sometimes the question is asked whether the Administrative Procedure Act authorizes courts to give national injunctions, because it says that a "reviewing court shall . . . hold unlawful and set aside agency action, findings, and conclusions found to be . . . arbitrary . . . [read post]
7 May 2018, 11:16 am
appeared first on Samuels Yoelin Kantor LLP.. [read post]
7 May 2018, 9:09 am
Although we cannot be certain, it’s easy to surmise that the justices who didn’t write the one-paragraph statement — that is, Chief Justice John Roberts, as well as Justices Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan and Neil Gorsuch — must own stock in, or own mutual funds provided by, one or more of the companies on that 37-page list, giving them a potential conflict of interest. [read post]
7 May 2018, 4:58 am
.'” You can access today’s new installment of the “First Mondays” podcast, featuring Ian Samuel and Dan Epps, via this link. [read post]
7 May 2018, 3:03 am
” [Aditya Bamzai on Twitter] University of Chicago Law Review special issue on Justice Scalia [Will Baude; other recent Scalia scholarship includes articles on his influence in implied rights of action and standing] Case on cert petition before SCOTUS could clarify law on distribution of property after church schisms [Samuel Bray on Protestant Episcopal Church in the Diocese of South Carolina v. [read post]
7 May 2018, 2:34 am
Samuel D. [read post]
6 May 2018, 7:36 pm
” Samuel Bray has this post at “The Volokh Conspiracy. [read post]
6 May 2018, 6:19 pm
Last week seven states filed a suit in the Southern District of Texas seeking a national injunction (complaint, motion for preliminary injunction). [read post]
