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27 Oct 2014, 3:42 am
Exceptional Child Care Center, in which the Court will consider whether and when the Supremacy Clause gives Medicaid providers a private right of action to enforce a federal statute when Congress has created enforceable rights under that statute, with Steve Vladeck. [read post]
30 Dec 2024, 10:59 am
Steve Vladeck writes that the Court could not issue an injunction without opining on the merits: The first is that it's asking the Court to do something that the Court … has no power to do. [read post]
29 Jul 2024, 6:07 am
McCord, Steve Vladeck, Ryan Goodman, Paras Shah, Audrey Balliette and Harrison Blank, The Just Security Podcast: Presidential Immunity After Trump v. [read post]
24 May 2016, 6:00 am
Briefly: At Just Security, Steve Vladeck discusses the prospect that Justice Sonia Sotomayor will recuse herself from voting on a petition for certiorari filed by the federal government, asking the Court to review a decision by the Second Circuit “recognizing a Bivens cause of action for (and rejecting a qualified immunity defense to) a putative class action arising out of the post-September 11 roundup and detention of certain groups of Muslim and Arab immigrants in… [read post]
28 Feb 2011, 6:25 am
” At PrawfsBlawg, Steve Vladeck responds that “DOJ does not, in fact, have available the alternative ‘national security detention’ argument that Orin believes it is avoiding. [read post]
9 Oct 2009, 8:42 am
In addition to the chance to hang out with my co-blogger Steve Vladeck, I very much enjoyed talks by Claire Finkelstein of Penn (on whom I commented), Nasser Hussain, and others (although I was sad to miss Stephen Holmes's talk.) [read post]
1 Nov 2017, 4:35 am
Steve Vladeck analyzes the argument for this blog. [read post]
2 May 2012, 10:33 pm
(See Steve Vladeck’s discussion of this issue here).On the second point, the Ninth Circuit’s ruling suffers from a troubling circularity.The “debate” over torture, such as it was at the time, was largely manufactured by John Yoo and others precisely to engage in conduct that the law prohibited. [read post]
15 Apr 2009, 9:13 pm
I attended (although did not present) at the first conference in April 2008, organized by our own Steve Vladeck and his AU colleague Amanda Frost, and it was a terrific program, with some excellent papers and great give-and-take. [read post]
12 Aug 2020, 4:00 am
In Slate, Steve Vladeck argues that “these rulings put the justices in the position of deciding weighty legal issues at a very early stage of litigation, in a context in which it is often unclear exactly what the relevant facts are and in which legal arguments have not been fully developed. [read post]
15 Jul 2015, 3:09 pm
” Author Steve Usdin, whose book Engineering Communism (Yale University Press) describes two of the Rosenberg spy ring’s members who went on to build the Soviet Union’s Silicon Valley, commented that the Greenglass testimony was “the last important evidence we’re likely ever to have on the Rosenberg case. [read post]
10 Apr 2025, 7:50 am
Georgetown Law professor Steve Vladeck notes the impact this may have on the SG’s office which has “spent its entire history building a reputation of trust and credibility that the Supreme Court relies upon and takes very seriously. [read post]
9 May 2025, 4:24 pm
UPDATE: Steve Vladeck has additional (I think well-taken) criticisms of Miller's statements here.The post White House May Try to Suspend the Writ of Habeas Corpus in Order to Facilitate Deportation of Migrants appeared first on Reason.com. [read post]
10 May 2016, 5:44 am
” At Just Security, Steve Vladeck notes that, “[l]ater this year, the Supreme Court will decide whether to take up the case of Akbar v. [read post]
19 Nov 2018, 4:10 am
Steve Vladeck covers the motion for this blog. [read post]
20 May 2012, 7:08 am
Steve Vladeck has an excellent post at Lawfare on the amendment's flaws.The Rooney amendment, meanwhile, picks up where opponents of Article III courts left previously off. [read post]
17 Jun 2020, 1:13 pm
As law professor Steve Vladeck has documented, during Francisco’s tenure the federal government has asked the Supreme Court, often successfully, for emergency relief to block actions taken by lower courts, and allow the Trump administration to implement its policies while appeals are pending, over two dozen times. [read post]
12 Feb 2019, 4:15 am
” At Lawfare, Steve Vladeck urges the justices to review Larrabee v. [read post]
1 Sep 2012, 9:01 am
” Additionally, Professor Steve Vladeck analyzed the opinion at Lawfare, beginning his analysis with this broadside: The CAAF’s nominal unanimity as to the result belies the profound flaws with Judge Erdmann’s majority opinion–which, among other things, is yet another example of some court of appeals judges refusing to take the Supreme Court’s decision in Boumediene seriously, embracing instead extreme arguments that not even the Executive Branch has… [read post]
8 Jun 2011, 3:21 pm
” Citing Judge Silberman’s concurrence in Esmail, Steve Vladeck has suggested (here) that the test, in effect, reduces the “preponderance” standard to a “some evidence” standard.Or consider Uthman (who won in district court). [read post]
