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23 Jun 2016, 3:06 pm by Molly Runkle
Early commentary comes from Richard Primus for The New York Times, Ilya Shapiro at Cato at Liberty, and Ian Millhiser at ThinkProgress, as well as Casey Quinlan, Jonathan Adler for The Volokh Conspiracy, Libby Nelson at Vox, Garrett Epps for The Atlantic, Lisa Soronen for International Municipal Lawyers Association, Ruthann Robson for Constitutional Law Prof Blog, Roger Clegg for National Review, Michael Dorf of Dorf on Law, Matt Ford of The Atlantic, R. [read post]
19 Jun 2016, 9:05 pm by Walter Olson
Supreme Court should clarify whether agency has discretion to ignore any and all costs in designating Endangered Species Act habitat [Ilya Shapiro and Randal John Meyer on Cato certiorari amicus in Building Industry Association of the Bay Area v. [read post]
17 Jun 2016, 3:21 am by Amy Howe
” At Cato at Liberty, Ilya Shapiro and Jayme Weber urge the court to grant review in a case in which lower courts “upheld a settlement certification without opt-out in a case that originally made claims only for monetary relief”; they argue that, if the decision below is “allowed to stand, this precedent will be a wink and a nod to class counsel and defendants everywhere that, if sufficient care is taken in crafting a settlement, they need not worry about… [read post]
16 Jun 2016, 2:48 am by Amy Howe
” At Cato at Liberty, Ilya Shapiro discusses a challenge to a New York law that “allows merchants to offer ‘discounts’ to cash-paying customers, but makes it a crime to impose economically equivalent ‘surcharges’ on those who use plastic. [read post]
14 Jun 2016, 5:15 am by Amy Howe
” At Cato at Liberty, Ilya Shapiro and Jayme Weber urge the Court to grant review in a challenge to a local government’s “rule that conditions shoreline owners’ proposed land uses on dedicating a portion of their property as on-site conservation areas,” arguing that the Court “should step in and clarify that its (now well-established) Nollan–Dolan precedents extend to takings via legislative actions, not just executive ones. [read post]
7 Jun 2016, 6:58 am by Amy Howe
” At Cato at Liberty, Ilya Shapiro and Randal John Meyer urge the Court to grant review in a case brought by a California builder’s association, which “is now asking the Court to establish that judicial review is available for individuals and businesses affected by these agency actions that purport to enforce the Endangered Species Act. [read post]
6 Jun 2016, 9:05 pm by Walter Olson
[Ilya Shapiro, Cato] Upstate farmers furious over Gov. [read post]
3 Jun 2016, 4:40 am by Amy Howe
., in which the Court ruled that an approved “jurisdictional determination” by the Army Corps of Engineers is a final agency action subject to judicial review under the Administrative Procedure Act, comes from Ilya Shapiro, who at Cato at Liberty notes that the Obama administration’s “spate of unanimous losses is truly record-breaking. [read post]
26 May 2016, 9:05 pm by Walter Olson
[Kevin LaCroix] “Insider Trading: The Unknowable Crime” [Thaya Brook Knight and Ilya Shapiro on Cato amicus brief in Salman v. [read post]
25 May 2016, 9:15 pm by Walter Olson
Related: Ilya Shapiro and Michael McConnell on the Supreme Court’s punt in the Little Sisters of the Poor case (Zubik v. [read post]
21 May 2016, 9:31 am by Walter Olson
Writes Ilya Shapiro: [Judge] Hanen’s remedy consists of five components: (1) all the lawyers at DOJ headquarters who litigate in the 26 states that challenged DAPA (most of them) have to go back to school for an annual ethics course taught by an outside expert; (2) DOJ has to certify annually for five years that these lawyers are indeed going to school; (3) the attorney general must report within 60 days “a comprehensive plan to prevent this unethical conduct from… [read post]
20 May 2016, 4:15 am by Walter Olson
Cato files amicus in “hydroponic gear + discarded tea leaves = raid their house” case [Ilya Shapiro and Randal John Meyer, earlier on Harte v. [read post]
19 May 2016, 4:06 am by Amy Howe
  Commentary comes from Dara Lind and Dylan Matthews at Vox, Kent Scheidegger at Crime and Consequences, and Ilya Shapiro at Cato at Liberty. [read post]
18 May 2016, 6:10 am by Amy Howe
At Cato at Liberty, Thaya Knight and Ilya Shapiro discuss the amicus brief that Cato filed recently in next Term’s insider trading case, Salman v. [read post]
15 May 2016, 9:05 pm by Walter Olson
[Ilya Shapiro, Ilya Somin on Supreme Court case of Murr v. [read post]
9 May 2016, 6:27 am by Orin Kerr
I used an essay by Ilya Shapiro as a springboard, in part because Shapiro’s essay nicely repeated a common refrain on the right that NFIB v. [read post]
6 May 2016, 1:50 pm by JB
Ilya Shapiro has figured out why Donald Trump has taken over the Republican Party.It's all John Roberts' fault.You see, John Roberts voted to uphold Obamacare by exercising "judicial restraint. [read post]
6 May 2016, 1:19 pm by Randy Barnett
Shapiro’s argument relies on what I’ll call the politics of delegitimization. [read post]
6 May 2016, 10:50 am by Orin Kerr
(REUTERS/Larry Downing/Files) Ilya Shapiro argues at The Federalist that some of the blame for the rise of Donald Trump belongs to Chief Justice Roberts’ 2012 opinion in the Obamacare case, NFIB v. [read post]