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18 Nov 2021, 8:03 am by Michael Stern
Does the incumbent president’s decision on executive privilege always trump (so to speak) that of the former president and, if so, does the court have any role in reviewing a disagreement between the incumbent and former presidents on that issue? [read post]
16 Nov 2021, 7:09 am by Eugene Volokh
Defendant [Yale Law School Dean] Gerken began publicly criticizing Chua in September 2018—a year before Jane or John had even enrolled in the law school—during the confirmation hearings for now-Supreme Court Justice Brett Kavanaugh. [read post]
16 Nov 2021, 3:44 am by SHG
She then told students to dress appropriately to get clerkships, and later publicly backed Brett Kavanaugh’s nomination as a Supreme Court justice, which was tantamount to endorsing rape at Yale. [read post]
13 Nov 2021, 12:54 pm by Josh Blackman
This passage, regrettably does not appear in the published dissent. [read post]
9 Nov 2021, 8:04 pm by David Oscar Markus
Is it enough, Roberts asked, that Ramirez’ pastor, Dana Moore, touch him anywhere on his body, or does he have to touch him somewhere specific? [read post]
9 Nov 2021, 1:46 pm by Amy Howe
Justice Brett Kavanaugh suggested that any form of touching could pose a problem because the lethal injection process is delicate and complex. [read post]
9 Nov 2021, 6:47 am by Ronald Mann
Is it enough for the defendant to show that the applicant couldn’t reasonably believe that the application was accurate, or does the defendant have to show that the applicant actually knew that the application included incorrect information? [read post]
8 Nov 2021, 4:42 pm by Amy Howe
” Alito and Justice Brett Kavanaugh found another fault with the 9th Circuit’s decision. [read post]
3 Nov 2021, 10:43 am by Amy Howe
“How rural,” he asked, “does the area have to be before your restrictions shouldn’t apply? [read post]
2 Nov 2021, 12:59 pm by Amy Howe
Justice Brett Kavanaugh seemed to advocate for a narrow decision. [read post]
29 Oct 2021, 6:23 pm by James Romoser
The mandate exempts people for whom a vaccine would be “medically inadvisable,” but it does not allow exemptions for people with religious objections to a vaccine. [read post]
29 Oct 2021, 11:06 am by Amy Howe
In his four years in office, Trump put three justices — Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — on the court, guaranteeing a solid 6-3 conservative majority for the foreseeable future. [read post]
29 Oct 2021, 4:00 am by Jim Sedor
But much of what was happening across the social network that day fell into a bucket of problematic material Facebook has said it does not yet know how to tackle. [read post]
27 Oct 2021, 7:51 am by Amy Howe
One of those justices, Justice Brett Kavanaugh, urged his colleagues to take up another gun rights case soon. [read post]
25 Oct 2021, 5:03 am by Marcia Coyle
Most courts use a two-step approach, asking first, if the regulation implicates the Second Amendment and if it does, applying intermediate scrutiny. [read post]
22 Oct 2021, 10:05 pm by Jeff Richardson
  I share some tips for getting the most out of the Notes widget, and Brett does the same for the Files widget. [read post]
22 Oct 2021, 10:05 pm by Jeff Richardson
  I share some tips for getting the most out of the Notes widget, and Brett does the same for the Files widget. [read post]
18 Oct 2021, 9:01 pm by Leslie C. Griffin
The food industry does not protect its members. [read post]