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12 Jan 2011, 6:19 am
But John Elwood at the Volokh Conspiracy observes that only “[f]ive of the current members of the Court had unanimous debut opinions. [read post]
22 Oct 2018, 7:25 am
One interesting tidbit – from the desk of the estimable John Elwood – is that we’ve seen this month the first rejection this century of a cert petition complaining about pre-emption of an arbitration provision. [read post]
20 Jan 2011, 6:34 am
” The Volokh Conspiracy’s John Elwood, Balkinization’s Jason Mazzone, ABA Journal’s Debra Weiss, and the WSJ Law Blog’s Nathan Koppel all point out that the Court is especially critical of the Ninth Circuit in Harrington: Justice Kennedy characterizes Judge Reinhardt’s opinion as exhibiting “judicial disregard for the sound and established principles that inform [the] proper issuance” of the writ. [read post]
13 May 2010, 10:08 am
Some candidates being mentioned include: White House lawyer Donald Verrilli and Deputy Solicitor General Neal Katyal (CNN) Washington Governor Christine Gregoire (National Journal, Seattle Times) In non-nomination news: At the Volokh Conspiracy, John Elwood predicts a summary reversal in Jefferson v. [read post]
21 Apr 2010, 6:50 am
” Indian Country Today discusses arguments by American Indian legal advocates for John Echohawk, or another American Indian nominee, to replace Stevens — whose record, one contends, was a “mixed bag” on Indian issues. [read post]
1 Jun 2015, 10:49 am
[Disclosure: John Elwood, a frequent contributor to this blog, is among the counsel to the petitioner in the case.] [read post]
14 May 2019, 4:08 am
Briefly: In the latest episode of SCOTUStalk, John Elwood joins Amy Howe to talk about cert petitions at the Supreme Court. [read post]
12 Jan 2018, 12:54 pm
As John Elwood reported earlier this week, the federal government had actually recommended that the justices take up this case rather than its own petition on the same question, because it was concerned that its rehearing petition in the U.S. [read post]
8 Feb 2024, 12:51 pm
(Links to many of those previous columns are available in my December column.)Interested readers can find the details of Moore in that December column and in a very good SCOTUSblog piece by John Elwood, but the case arises because Congress in 2017 imposed a tax on some firms' "undistributed retained earnings. [read post]
4 Jun 2018, 11:13 am
As this blog’s John Elwood has explained, this doctrine, known as Munsingwear vacatur, is based on the theory that “the party seeking review shouldn’t be stuck with a decision it was trying to overturn when it lost that opportunity through no fault of its own. [read post]
24 Feb 2011, 6:27 am
Briefly: Here at SCOTUSblog, John Elwood reports that the Court denied cert. on Tuesday in two cases that had been relisted three times; the cases presented the question of whether the Court’s decision in Almendarez-Torres v. [read post]
12 Jan 2015, 1:13 pm
John Elwood (known to you perhaps from his authorship of this blog’s “Relist Watch” feature) presents a powerful argument that the WSLA applies only to criminal charges, starting with the common usage of “offense” and continuing through the placement of the WSLA in Title 18 (the federal criminal code) and the statute’s long history, which for almost a century explicitly limited itself to offenses that were “indictable. [read post]
24 Jun 2019, 10:06 am
Sikkelee; John Elwood, the author of this blog’s Relist Watch, is among the counsel to the petitioner in the Georgia case. [read post]
9 Jan 2010, 10:28 am
That said, as Volokh Conspiracy’s John Elwood pointed out, “While the settlement ends this case, this is not the last we’ve seen of this issue. [read post]
19 Mar 2018, 9:50 am
As this blog’s John Elwood has explained, those cases “stand for the proposition that courts must defer to an agency’s interpretation of its own ambiguous regulation unless that interpretation is plainly erroneous or inconsistent with the regulation. [read post]
21 Oct 2024, 7:53 am
They have considered it at every conference since then – making it, according to John Elwood, the “most-relisted [Supreme Court] case of all time. [read post]
2 Jul 2012, 12:47 pm
John Elwood offers a more elaborate discussion of some of the relevant issues. [read post]
4 Nov 2024, 8:27 am
John Elwood covered Riley in detail in last week’s Relist Watch. [read post]
28 May 2013, 11:20 am
(DISCLOSURE: Rosemond’s lawyer in the case is John P. [read post]
31 May 2018, 5:11 am
Why, it was just last month—no, wait, it was in 2012—that I last mentioned “curtilage,” after it was mentioned in John Elwood’s “Relist & Hold” column at SCOTUSblog. [read post]
