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10 Dec 2019, 8:15 am by Jonathan H. Adler
Although the subject matter of this case may not sound particularly exciting, there are several notable things about today's opinion. [read post]
5 Apr 2021, 7:20 am by Jonathan H. Adler
In other words, a clear majority of the Sixth Circuit concluded the panel was wrong as a matter of law, but only seven sought en banc review. [read post]
26 May 2022, 12:00 pm by Jonathan H. Adler
The theory of the suit, however, was something else, and the initial district court order was wrong on multiple levels, merely as a matter of administrative law. [read post]
1 Dec 2020, 11:28 am by Jonathan H. Adler
While AG Barr may be willing to take the President's direction about what matters and which people to investigate, he is not wiling to make up facts or discredit the electoral process. [read post]
12 Feb 2014, 9:35 am
Grains can act almost like quicksand and can bury a worker in a matter of seconds. [read post]
14 Jun 2018, 12:22 pm by Abbe Gluck
  The unholy alliance, so to speak, of formal opponents, should be powerful evidence--no matter how you feel about the ACA itself-- of how wrong on the law the Texas/DOJ argument is. [read post]
17 Jul 2023, 4:15 am by Jonathan H. Adler
The cases which produce such outcomes may be a larger share of the Court's overall decisions, and such cases may have a more consistent ideological valence than before, but as a quantitative matter, the Court is still doing less. [read post]
2 Apr 2024, 9:50 am by Jonathan H. Adler
As a general matter, it is always more difficult to demonstrate standing when a plaintiff is seeking to influence how the government treats a third party than when a plaintiff is seeking to vindicate his or her own rights as against the government. [read post]
12 Aug 2023, 10:30 am by Jonathan H. Adler
Although Congress may act to strip federal court jurisdiction, that is not the last word on the matter. [read post]
9 Nov 2020, 7:20 pm by Jonathan H. Adler
(Update: No)–5/5/20 The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It. [read post]
18 Oct 2020, 11:31 am by Jonathan H. Adler
Thus, in any case where it matters which opinion has the narrower view, the dissent's approach would have us set aside the narrower opinion's points of disagreement as dictum, and the application of Marks would fail to provide a governing rule of law. [read post]
12 Oct 2016, 12:12 pm by Jonathan H. Adler
What this means, as a practical matter, is that future presidents will be able to ensure that the CFPB operates consistent with such administrations’ policy preferences. [read post]
1 Apr 2019, 7:12 pm by Jonathan H. Adler
As a matter of binding doctrine, courts can strike down entire laws based on the unconstitutionality of a single provision. [read post]
24 Apr 2018, 7:00 am by Jonathan H. Adler
These and other considerations that must shape and instruct the formulation of principles of international and domestic law are matters that the political branches are in the better position to define and articulate. [read post]