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24 Feb 2010, 4:22 am
”Holding that “as a matter of law, the State defendants' failure to consider judicial compensation on the merits violates the Separation of Powers Doctrine,” the case was remanded to Supreme Court with the expectation there would be “expeditious legislative consideration of the matter. [read post]
13 Jan 2023, 6:30 am by Guest Blogger
  Critical race scholars seek to speak truth to power, but mostly without advancing interpretive proposals that are claimed to “fit” the main outlines of existing practice. [read post]
20 May 2012, 2:05 pm by Randy Barnett
And, as we all know, the Supreme Court expressly rejected this proposition in Lopez v. [read post]
29 Dec 2014, 10:41 am by Lyle Denniston
State officials in North Carolina plan to ask the Supreme Court to sort out a dispute among lower courts on state power to require doctors to perform ultrasound tests while delivering an anti-abortion message to pregnant women before an abortion can occur. [read post]
10 Nov 2017, 5:29 am by Chris Seaton
No less an authority than the United States Supreme Court declared this a non-issue this year when they denied certiorari in Davis v. [read post]
8 Jul 2010, 9:49 pm by David Kopel
If DOMA’s direct interference with state prerogatives is beyond federal power, then perhaps any or all of these programs are vulnerable– and unconstitutional– to the extent they interfere with state policies regarding family formation as well. [read post]
30 Oct 2015, 3:30 am by Christopher Walker
In Mortgage Bankers and the Amtrak case, Justice Thomas questioned the modern administrative state on separation of powers and nondelegation grounds, and then wrapped up the Term in Michigan v. [read post]
26 Oct 2012, 11:00 am by Gordon Orloff
This morning the Supreme Judicial Court (SJC) issued its decision in Fannie Mae v. [read post]
18 Apr 2019, 2:22 am by ASAD KHAN
Secondly, the 2002 Act’s provisions, especially the powers of certification under ss 94 and 96, do not render Onibiyo and rule 353 redundant. [read post]
20 Dec 2017, 7:19 am by Andree Blumstein
Andrée Sophia Blumstein is the solicitor general of Tennessee, which joined an amicus brief with 19 other states in support of the challenger in Janus v. [read post]
20 Jul 2010, 11:19 am by Big Tent Democrat
This view of the Constitution was enshrined by the Supreme Court in 1819, in the case McCollough v. [read post]
27 Sep 2007, 12:28 am
FISA was designed to address the issues left open by the Supreme Court in United States v. [read post]