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S. applies to challenges to the Executive Branch’s exercise of enforcement discretion over whether to arrest or prosecute. [read post]
23 Jun 2023, 10:13 am by Ilya Somin
Fourth, a challenge to an Executive Branch policy that involves both the Executive Branch's arrest or prosecution priorities and the Executive Branch's provision of legal benefits or legal status could lead to a different standing analysis. [read post]
23 Jun 2023, 10:03 am by Amy Howe
” But there is no history of courts “ordering the Executive Branch to change its arrest or prosecution policies so that the Executive Branch makes more arrests or initiates more prosecutions,” Kavanaugh wrote. [read post]
23 Jun 2023, 5:56 am by Daniel M. Kowalski
They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests. [read post]
17 Jun 2023, 7:57 am by Matt Tait
Editor's Note: The following was originally published on Matt Tait's Substack, PwnAllTheThings. [read post]
26 May 2023, 11:37 am by Rebecca M. Guidry
”[7] The Fifth Circuit noted that even though the SRA-L was made part of the umbrella of the executive branch via its placement in the Department of Transportation and Development after its creation, it maintained substantial control over its operations. [read post]
26 May 2023, 4:00 am by Jim Sedor
National/Federal Chief Justice John Roberts Defends Supreme Court’s ‘Highest Standards of Conduct,’ Offers No New Rules ABC News – Devin Dwyer | Published: 5/24/2023 Chief Justice John Roberts defended the integrity of the Supreme Court in the face of slumping public approval and growing political pressure after a recent barrage of misconduct allegations. [read post]
22 May 2023, 4:00 am by Michael C. Dorf
Justice Gorsuch surely would not be willing to accept what he deems censorship and denials of the free exercise of religion if they emanated from the proper branch of government. [read post]
23 Apr 2023, 6:36 pm by Josh Blackman
It was a rare Trump appointee or executive branch associate who managed to enter his world and avoid some personal compromise. [read post]
14 Apr 2023, 4:00 am by Jim Sedor
District Court vacancy and the two Republican senators from Louisiana offered no objections. [read post]
It is an extraordinary power grab by the judicial branch, showing disrespect to two coequal branches: Congress, which saw it fit to authorize an expert agency to review these decisions; and the Executive Branch, which uses a U.S. [read post]
23 Mar 2023, 7:01 am by John Elwood
Circuit’s opinion “contradicts historical practice stretching to the beginning of the Republic” and “threatens serious harm to all three branches of the federal government. [read post]
13 Mar 2023, 6:10 am by Frank O. Bowman, III
It is, and was intended to be, a flexible standard, albeit a stringent one that excludes ordinary policy disagreements between the executive branch and a transient majority of the House. [read post]
23 Feb 2023, 6:57 am by John Elwood
Louisiana, 22-77Issue: Whether, where a defendant denies participating in a particular criminal act, another [read post]
17 Feb 2023, 3:00 am by Jim Sedor
Pence is set to argue that his former role as president of the Senate – therefore a member of the legislative branch – shields him from certain Justice Department demands. [read post]
31 Jan 2023, 5:30 am by Katie Gu
  Hearn’s opinion focused heavily on the holdings of six states with “strikingly similar constitutional privacy protections” applied to protect privacy in medical decisionmaking: Louisiana in State v. [read post]
9 Jan 2023, 3:35 am by Marcia Coyle
In her comments to Texas Solicitor General Judd Stone II, she questioned whether the two states had established an actual “injury” sufficient for standing, particularly given the authority of the executive branch in this area of the law. [read post]
23 Dec 2022, 4:46 am by Ryan Goodman
I mean, he had made it clear that Rudy was in charge of this and that Rudy was executing what he wanted. [read post]