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23 Jun 2017, 9:08 am
So the parties have not had the chance to join issue fully on the matters now decided. . . . [read post]
18 Apr 2023, 2:46 pm
., 514 U.S. 645, 661 (1995), to the subject matter preempted by EPCA, the Berkeley Ordinance cuts to the heart of what Congress sought to prevent—state and local manipulation of building codes for new construction to regulate the natural gas consumption of covered products when gas service is otherwise available to premises where such products are used. [read post]
27 Jun 2019, 1:41 pm
As Chief Justice Roberts explained, it did not matter that many, or even most, might conclude that the risk of an undercount caused by including a citizenship question outweighed concerns about the need to rely upon other information sources and estimation techniques to generate citizenship data; "the choice between reasonable policy alternatives in the face of uncertainty was the Secretary's to make. [read post]
18 Jun 2020, 7:56 am
I believe DACA was lawful (given the decades-long practice of immigration law enforcement and implementation that allowed forbearance and the receipt of benefits), but I also believe the Trump Administration had no obligation to provide any explanation at all for its rescission, and that the conclusion that DACA was unlawful was more than sufficient to justify its rescission (and would be so even if courts disagreed as to that determination, as what matters is whether the decision was… [read post]
1 Mar 2020, 7:29 pm
This requirement is "more than a matter of 'etiquette or protocol'; it is among the significant structural safeguards of the constitutional scheme. [read post]
20 Nov 2020, 3:44 pm
Circuit issued an interesting, splintered opinion in In Re: In the Matter of the Federal Bureau of Prisons' Execution Protocol Cases. [read post]
18 Apr 2018, 4:08 am
Jonathan Kim and Eugene Temchenko have a preview at Cornell Law School’s Legal Information Institute. [read post]
5 May 2016, 10:22 am
As a practical matter, this means that just about all e-cigs must go through a new approval process if they are to continue to be sold. [read post]
29 May 2015, 7:55 am
Wouldn’t this mean that academic freedom doesn’t extend to academics discussing matters involving their own workplaces? [read post]
23 Jun 2014, 12:47 pm
The court, as a general matter, is very reluctant to overturn its own prior statutory interpretations because, unlike with constitutional interpretations, Congress can have the last word by revising statutes if it disagrees with the court. [read post]
16 Aug 2015, 5:55 pm
On Friday, in Arpaio v. [read post]
11 Jul 2024, 8:43 am
What matters here is simple: notwithstanding its placement in the internal revenue code, NFIB, 567 U.S., at 563–65, and a facially tangential connection to taxes imposed on spirits, Drexel Furniture, 259 U.S. at 36–37, Section 5178(a)(1)(B), enforced by a criminal penalty in Section 5601(6), lacks "the essential feature of any tax. [read post]
17 Sep 2024, 10:24 am
This aspect of standing matters in AHM v. [read post]
31 Aug 2023, 10:40 am
—could try and sue to keep Trump of the ballot, but there are serious obstacles here as well including (again) that much ballot access is a matter of state law, which could cause federal courts to abstain from reaching the issue. [read post]
24 May 2015, 12:30 am
"There are many, many interviews from New Books:An interview with the authors--John Bronsteen, Christopher Buccafusco, and Jonathan S. [read post]
18 Apr 2017, 6:15 pm
Zittrain, Jonathan, The Future of the Internet and How to Stop It (2008). [read post]
30 Nov 2016, 9:01 pm
Republicans were threatening to prevent the president from carrying out the very laws that they themselves had passed, but no matter. [read post]
30 Dec 2022, 6:36 pm
There simply is no limiting principle to cabin that definition of "sex" to the regulatory carve-out for bathrooms under Title IX, as opposed to the regulatory carve-out for sports or, for that matter, to the statutory and regulatory carve-outs for living facilities, showers, and locker rooms. [read post]
24 Mar 2014, 7:39 pm
Tuesday morning, as the Supreme Court hears oral argument in the two cases challenging the so-called contraception mandate (Sebelius v. [read post]
25 Mar 2023, 8:05 am
The reason is the "'overriding . . . need for a uniform rule of decision' on matters influencing national energy and environmental policy. [read post]
