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In a 6-3 decision authored by Chief Justice John Roberts, the Supreme Court overruled the longstanding Chevron doctrine—under which federal courts would defer to federal agencies’ interpretation of their own statutes if the underlying statute was ambiguous and the interpretation was reasonable. [read post]
25 Jul 2024, 2:30 pm by Chris Williams
The post Is This The Roberts Court Or The Clarence Court? [read post]
25 Jul 2024, 9:43 am by jeffreynewmanadmin
Olsen of the National Security Division, Executive Assistant Director Robert Wells of the FBI’s National Security Branch and U.S. [read post]
25 Jul 2024, 6:09 am by Lawrence Solum
It could lend support, for example, to Chief Justice Roberts’s controversial conception of Roe/Casey as standing for the right to a reasonable opportunity to obtain an abortion without prohibiting all pre-viability abortion bans (a conception that he articulated in his Dobbs concurrence and that was rejected by both the majority and the dissent in that case). [read post]
25 Jul 2024, 5:31 am by Josh Blackman
But Chief Justice Roberts's Jarksey decision threw caution to the wind. [read post]
25 Jul 2024, 4:00 am by Guest Blogger
For decades, the ideas of equality, justice, and human rights have been the core pillars of Canada’s national identity. [read post]
24 Jul 2024, 9:05 pm by Nazune Menka
The majority decision, delivered by Chief Justice John Roberts, relied on the text of ISDA and the contracts for two reasons. [read post]
24 Jul 2024, 9:01 pm by Vikram David Amar
In Part One of this series, I analyzed what I think was a profound failure by Judge Aileen Cannon, in dismissing the improper-documents-handling indictment by Special Counsel Jack Smith, to properly appreciate and operate within the bounds of federal district court power. [read post]
24 Jul 2024, 6:42 pm by Howard Bashman
“Supreme Court’s Hand-Picked Advocate Argues for Killing Richard Glossip; Oklahoma’s attorney general believes Glossip’s conviction should be overturned; Chief Justice John Roberts chose a former clerk to argue that the AG is wrong”: Liliana Segura and Jordan Smith of The Intercept have this report. [read post]
24 Jul 2024, 8:37 am by Keith E. Whittington
In addition to me, the line-up includes former Senator William Cohen, Judge Robert Sack, Philip Wallach, and Jack Goldsmith, among others. [read post]
24 Jul 2024, 7:31 am by Spencer Overton
Defense lawyers make such claims routinely, but in the realm… Continue reading The post “Can Robert Menendez’s Bribery Conviction Survive an Appeal? [read post]
24 Jul 2024, 7:28 am by Guest Author
In November 2022, Attorney General Merrick Garland appointed Jack Smith as a special counsel to investigate former President Donald Trump’s attempts to stay in power after the 2020 election. [read post]
24 Jul 2024, 7:02 am by Diane Foley
The 2020 Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act added much-needed criteria for wrongful detentions — when Americans are unjustly arrested by nation states. [read post]
24 Jul 2024, 6:55 am by Marty Lederman
 The only real dispute is whether Congress has vested the Attorney General with statutory authority to hire someone from outside DOJ to handle a criminal investigation and prosecution.As the Supreme Court held 50 years ago today--with respect to Acting AG Robert Bork's appointment of Leon Jaworski as Special Watergate Prosecutor--the plain answer to that question is "yes. [read post]
24 Jul 2024, 4:30 am by Lawrence Solum
It includes fair elections, public integrity, and law enforcement equity-counterintuitively, evident in polarized debates about prosecution of January 6th insurrectionists, Congressman George Santos and Senator Robert Menendez, and Officer Derek Chauvin. [read post]