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19 Jun 2023, 5:15 am
Many of us criticized the Senate’s refusal to give him a vote after his nomination to the Supreme Court. [read post]
18 Jun 2023, 9:00 pm
My team was assigned to argue that they're unconstitutional as a violation of separation of powers and Article III--the latter a position so radically right-wing that it was later rejected by the Supreme Court in an opinion by Justice Scalia! [read post]
18 Jun 2023, 6:13 am
A summary of the bill is available on Senator Klobuchar’s website. [read post]
17 Jun 2023, 7:57 am
Editor's Note: The following was originally published on Matt Tait's Substack, PwnAllTheThings. [read post]
15 Jun 2023, 6:30 am
In the wake of Brown, southern state legislators, governors, and attorneys general invoked the “compact” language of Madison’s Virginia Resolution, issuing resolutions and opinions that they styled as appeals “of last resort against a deliberate and palpable encroachment transgressing the Constitution. [read post]
14 Jun 2023, 12:21 pm
The New York Legislature took action at the end of the 2023 session to prohibit mandatory employer meetings on “religious or political matters,” passing Senate Bill S4982 / Assembly Bill 6604 on June 10. [read post]
14 Jun 2023, 10:07 am
NY Senate PhotoShortly before his elevation to Chief Judge, Rowan Wilson made clear in his dissenting opinion last year, in Howell v City of New York (November 22, 2022), that the majority's application of the "special duty" rule is a true abomination. [read post]
11 Jun 2023, 9:14 pm
The rest of the majority opinion follows his approach. [read post]
10 Jun 2023, 11:35 am
Zoe Tillman obtained a redacted version Judge Boasberg's opinion. [read post]
9 Jun 2023, 9:05 pm
Kalhan asserts that Trump judicial appointees handed wins to litigants favoring anti-immigration policies, often issuing opinions featuring dubious legal reasoning and fact-finding. [read post]
9 Jun 2023, 9:14 am
The court’s majority opinion addressed abortion rights, but Justice Clarence Thomas’ concurring opinion theorized that the notion of “substantive due process” is “demonstrably erroneous. [read post]
9 Jun 2023, 7:30 am
I’m still not convinced; it’s hard for me not to read cases like Gelpcke or the extraordinary mandamus remedy cases as they traditionally have been read, as aggressive and policy oriented opinions better understood as capturing the policy ideas of the dominant Republican coalition than following relatively neutral principles. [read post]
8 Jun 2023, 6:30 pm
Justice Kagan delivered the opinion of the Court with concurring opinions from both Justice Sotomayor and Justice Gorsuch. [read post]
8 Jun 2023, 12:22 am
Even after the Court’s twisted opinion in Supreme Beef v. [read post]
6 Jun 2023, 10:32 am
” The report goes on to state, “While the Working Group has specifically addressed Mr. al-Nashiri’s case in this opinion, the conclusions reached here also apply to other detainees in similar situations at Guantanamo Bay. [read post]
5 Jun 2023, 9:30 pm
[As longtime LHB readers know, I post here the essays I research and write for my exam in American Legal History, which principally treats the years 1898 to 1962. [read post]
5 Jun 2023, 4:00 am
The Republican Party's far right members are both much more numerous and much farther from the center of public opinion than are the Democratic Party's most left-leaning members. [read post]
2 Jun 2023, 3:27 pm
It is unclear if this was before or after his wife, a State Senator, learned of the non-Christian affair. [read post]
2 Jun 2023, 9:56 am
The Seventh Circuit opinion had gutted the False Claims Act (FCA) by creating a so-called “objective reasonableness” defense that appeared nowhere in the statute. [read post]
2 Jun 2023, 8:41 am
Before that, it was introduced and passed through the Nevada Senate with 11 votes in favor and 10 against. [read post]
