Search for: "Matter of Jonathan H."
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27 Jul 2021, 10:48 am
My interest in this litigation arises from this implications for robust debate on matters of public concern, as I explained in this post. [read post]
1 Apr 2019, 7:12 pm
As a matter of binding doctrine, courts can strike down entire laws based on the unconstitutionality of a single provision. [read post]
15 Sep 2015, 2:34 pm
As Justice Scalia counseled in dissent, “Statutory design and purpose matter only to the extent they help clarify an otherwise ambiguous provision. [read post]
23 Apr 2020, 8:47 pm
Brown: "[A]s a practical matter," the Court there said, "there must be a substantial regulation of elections if they are to be fair and honest and if some sort of order, rather than chaos, is to accompany the democratic processes. [read post]
21 Sep 2022, 6:57 pm
I doubt any such filing will produce a different result (and would be quite surprised were the Supreme Court to respond quickly enough to matter). [read post]
17 Apr 2017, 2:09 pm
In addition, this court instructs the Sixth Judicial District to submit a new administrative plan to this court for approval by close of business on Tuesday, April 18, 2017 that reflects the permanent reassignment of all cases referenced above, future cases involving this subject matter, and any other changes in case assignment to ensure all litigants in this district receive a fair and impartial tribunal. [read post]
27 Jan 2022, 6:48 am
In addition to state court experience, there are other types of experience that are also conspicuously lacking from the Court, such as trial-level criminal defense work, and this sort of diversity matters for how the Court does its work. [read post]
29 Apr 2020, 6:59 am
More broadly, any regulatory scheme which allows a regulatory agency to punish comments about public policy matters, particularly when there is no evidence the comments have any relation to actual or potential unionizing activity, is itself problematic. [read post]
1 Jul 2022, 12:40 pm
The subject matter of the regulation here makes the Court's intervention all the more troubling. [read post]
19 Jun 2015, 2:20 pm
(And does it matter?) [read post]
10 Jun 2015, 2:54 pm
If the opinion assignment were a matter of random probabilities, then this would indeed be good news for EPA: likely a 75% chance of winning, given that only Scalia seems likely to opposed to EPA in the case. [read post]
28 Aug 2015, 7:35 am
As a general matter (and as the Supreme Court has recognized) land-use control is generally beyond the scope of federal power. [read post]
27 May 2022, 9:32 am
For that matter, the recent masking reimpositions in Ingham County itself show that this dispute could reasonably recur. . . . [read post]
1 Dec 2017, 5:50 am
Judicial philosophy matters in a small percentage, but the size of the judiciary has little to do with it. [read post]
1 Jun 2020, 6:54 am
Petitioners are practicing lawyers in Wisconsin who allege that their Wisconsin State Bar dues are used to fund "advocacy and other speech on matters of intense public interest and concern. [read post]
16 Jun 2022, 8:45 am
Biden could decline to pursue charges as a policy matter, control of the department could flip in the 2024 presidential election, and federal prosecutors could then charge people with crimes, like abortion, retroactively. [read post]
14 Nov 2022, 6:26 pm
., dissenting from denial of certiorari), has found its natural complement in other judges' distaste for correcting errors en banc, no matter how blatant, repetitive, or corrosive of circuit law. [read post]
15 Jun 2022, 8:03 am
A new administration is of course as a general matter entitled to do that. [read post]
20 Jun 2022, 3:23 pm
Indeed, even organizations with an interest in exaggerating conservative influence on federal courts, such as Balls & Strikes, do not count senior judges when tabulating the ideological balance of a court -- nor, for that matter, did the New York Times itself, which followed the convention of only counting active judges in prior news stories discussing the balance of circuit courts. [read post]
27 Sep 2017, 5:59 pm
If we can’t learn to understand what motivates, excites — and, in this case, enrages — those on the other side, we won’t be able to communicate about the things that really matter. [read post]
