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6 Feb 2021, 7:31 am
Among the opinions was Justice Amy Coney Barrett's Supreme Court debut. [read post]
5 Feb 2021, 11:56 pm
But Chief Justice Roberts, and Justices Kavanaugh and Barrett did not join this statement. [read post]
4 Feb 2021, 3:19 pm
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] On Tuesday, February 2, 2020, the House of Representatives' Managers filed an 80-page trial memorandum or brief for the impending Senate impeachment trial. [read post]
3 Feb 2021, 3:00 pm
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] Introduction. [read post]
21 Jan 2021, 12:54 pm
Because of her prior participation in the Wolf case, Barrett is expected to recuse herself from consideration of it. [read post]
19 Jan 2021, 10:43 am
Seth Barrett Tillman has suggested that the president is not an “officer of the United States,” in which case the presidency would not be a triggering office. [read post]
17 Jan 2021, 12:21 pm
[This post is co-authored with Seth Barrett Tillman.] [read post]
14 Jan 2021, 11:35 am
[This post is co-authored with Seth Barrett Tillman.] [read post]
13 Jan 2021, 7:39 am
The Supreme Court granted an application for a stay on Tuesday. [read post]
12 Jan 2021, 7:03 pm
”Justice Amy Coney Barrett followed up with her own thoughts about Ms. [read post]
12 Jan 2021, 10:19 am
The FSIA only concerns the immunity of foreign sovereigns, Hungary argued, and does not abrogate generally applicable federal common law doctrines—like comity—which courts can use to abstain from ruling on the merits of a case, even when the court has jurisdiction. [read post]
12 Jan 2021, 10:19 am
Oral arguments opened with Jonathan Freiman, arguing for Germany, invoking the legislative history of the expropriation exception to the FSIA to argue for its limited application. [read post]
12 Jan 2021, 10:18 am
It is not clear which side that fact favors in Barrett’s view. [read post]
11 Jan 2021, 8:17 am
At that time, Wilson held the plaintiffs’ claims do not “touch and concern” the United States enough to override the presumption against extraterritorial application of U.S. laws, as required in Kiobel. [read post]
7 Jan 2021, 11:26 am
During oral argument, newly-appointed Justice Amy Coney Barrett pointed out that CSS urged in its briefing that Smith should be overruled. [read post]
31 Dec 2020, 9:03 pm
Under the policy, non-Mexican asylum applicants who enter the United States at the nation’s southern border must wait in Mexico while their applications are processed. [read post]
28 Dec 2020, 7:13 am
§ 230(c)(1); Barrett v. [read post]
17 Dec 2020, 11:10 pm
For the latter reason, the applicants argue that the Order is not neutral and generally applicable for purposes of Employment Div., Dept. of Human Resources of Ore. v. [read post]
17 Dec 2020, 7:01 am
The court needed barely a page to reject three of Texas’ arguments against the application of Section C.5. [read post]
15 Dec 2020, 1:40 pm
The result was a hodgepodge of conflicting opinions and at least four main treatments described by then-Judge Barrett in Gadelhak v. [read post]
