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15 Nov 2020, 3:13 pm
The arguments are too complex for a Quick Hits blog, but it is notable that the Court found that Congress had the power to abrogate state immunity even when no fundamental right is at issue. [read post]
14 Nov 2020, 2:05 pm
Dep’t of Human Resources Development v. [read post]
14 Nov 2020, 1:58 pm
Along with Van Cleve, I also assigned Federalist 40, written by Madison, in which Madison defends, plausibly or not, the extraordinarily powers seized by the Framers in Philadelphia when measured against both the rather limited mandate of Congress--to suggest "revisions" in the Articles of Confederation--and, more importantly, the constraints of Article XIII of the Articles of Confederation, which required the assent of the legislatures of every one of the states… [read post]
13 Nov 2020, 12:24 pm
Fourth, "in United States v. [read post]
13 Nov 2020, 10:32 am
Hodges striking down state bans on same-sex marriage. [read post]
13 Nov 2020, 5:30 am
Congress was quick to respond. [read post]
13 Nov 2020, 4:32 am
The oral argument transcript in California v. [read post]
13 Nov 2020, 12:01 am
Schechter Poultry Corp. v. [read post]
12 Nov 2020, 9:01 pm
A few days later, almost all of them were back on board (including Chafetz, who continues to be a Trump enthusiast even after retiring from Congress).What about Charlottesville? [read post]
12 Nov 2020, 8:18 pm
It doesn't propose legislation or lobby or testify before Congress, or file briefs in the supreme court or any other court. [read post]
12 Nov 2020, 6:11 pm
”[4] The judge found that Chinese courts were distinct from the legislative and administrative bodies of the state, and that although there was evidence to suggest that Chinese judges sometimes felt the need to meet the expectations of the local people’s congress or branch of the Communist Party, this did not justify refusing to recognize the court system as a whole. [read post]
12 Nov 2020, 3:54 pm
Franklin v. [read post]
12 Nov 2020, 1:38 pm
Maolin Ninth Circuit Opinion (ACLU) United States v. [read post]
12 Nov 2020, 1:25 pm
Xavier Becerra and United States of America v. [read post]
12 Nov 2020, 10:42 am
Let's look ahead to the argument in Trump v. [read post]
12 Nov 2020, 5:20 am
Jones v. [read post]
12 Nov 2020, 12:30 am
Congress cannot create Article III standing by a statute. [read post]
11 Nov 2020, 10:59 am
United States (1980) (stating that Congress's intent in prohibiting the possession of firearms by felons was directly related to "the problem of firearm abuse by felons"); see also Kane v. [read post]
11 Nov 2020, 9:39 am
Background of the AbilityOne Program: The AbilityOne Program traces its origins to the New Deal era when Congress passed the Wagner-O’Day Act in 1938, which established the Committee on Blind-Made Products for overseeing the procurement of goods made in part using the labor of blind persons. [read post]
11 Nov 2020, 6:23 am
The US Supreme Court heard oral arguments Tuesday in California v. [read post]
