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26 Oct 2020, 9:59 pm
The application to vacate the stay in this case was filed on October 14. [read post]
26 Oct 2020, 5:24 pm
This evening, while the Senate was preparing to vote on the nomination of Amy Coney Barrett to be the 103rd Associate Justice, the Supreme Court affirmed a stay of a district court order enjoining enforcement of Wisconsin election laws. [read post]
26 Oct 2020, 5:24 pm
This evening, while the Senate was preparing to vote on the nomination of Amy Coney Barrett to be the 103rd Associate Justice, the Supreme Court affirmed a stay of a district court order enjoining enforcement of Wisconsin election laws. [read post]
24 Oct 2020, 8:26 am
And Bryce Klehm and Rohini Kurup announced that Lawfare is now accepting spring internship applications through the Brookings Institution. [read post]
21 Oct 2020, 12:46 pm
He recalls her excellent class performance: I was privileged to teach Amy Coney Barrett in her first year of law school at Notre Dame. [read post]
20 Oct 2020, 2:06 pm
Third, the statute’s inspection program, in terms of the certainty and regularity of its application, must provide a constitutionally adequate substitute for a warrant, that is, it must advise the owner of the commercial premises that the search is being made pursuant to the law and has a properly defined scope, and it must limit the discretion of the inspecting officers. [read post]
20 Oct 2020, 1:16 pm
Barrett argued that a textual analysis of the 1996 amendments justified the focus on self-sufficiency because those changes added a requirement for family-sponsored applicants to produce an enforceable affidavit of support from a sponsor, rendering the sponsor potentially liable for any means-tested benefit received by the noncitizen applicant. [read post]
20 Oct 2020, 8:22 am
Barrett said little that differed from nearly every nominee since Roberts. [read post]
19 Oct 2020, 4:34 pm
This 4-4 split is likely to increase the calls for Amy Coney Barrett to recuse from election disputes this year, should she be confirmed prior to election day. [read post]
19 Oct 2020, 4:30 pm
The Court could have waited about a week until Justices Barrett was confirmed. [read post]
16 Oct 2020, 12:08 pm
At the same time that Judge Amy Coney Barrett was extolling the clarity of originalism in her confirmation hearings in the Senate, the court’s most prominent originalists seemed to be suggesting that Framing-era precedents offered little insight into the proper application of the Constitution in a modern context. [read post]
14 Oct 2020, 1:21 pm
The application of federal anti-recidivist statutes is a large and important segment of federal criminal jurisprudence. [read post]
14 Oct 2020, 4:54 am
Does Judge Barrett’s concern about the deprivation of a constitutional right to anyone who carries the burden of having been convicted of a felony extend to all constitutional rights, or is it only applicable to the Second Amendment? [read post]
12 Oct 2020, 12:55 pm
.: The Senate Judiciary Committee will hold the first of four consecutive days of hearings on the nomination of Judge Amy Coney Barrett to serve as an associate justice of the U.S. [read post]
12 Oct 2020, 12:00 pm
And when the justice is not available, then the stay application goes to the justice who is below that justice in terms of seniority. [read post]
11 Oct 2020, 11:54 am
While this week the confirmation of Judge Amy Coney Barrett begins in earnest before the Senate Judiciary Committee, last week the U.S. [read post]
9 Oct 2020, 3:00 am
National/Federal Biden Transition Elevates Former Facebook Exec as Ethics Arbiter Politico – Alex Thompson and Theodoric Meyer | Published: 10/1/2020 Joe Biden’s transition team named Jessica Hertz, until recently a Facebook executive focused on government regulations, as its general counsel and charged her with navigating conflicts-of-interest and other ethical issues for the Biden administration-in-waiting, a move that drew immediate fire from the left. [read post]
8 Oct 2020, 3:04 pm
Last month presented a clash between the enactment of a new version of the most restrictive state law test in the nation for independent contractor status and the issuance of a proposed federal regulation that would create one of the more lenient legal standards for IC status. [read post]
8 Oct 2020, 11:19 am
I am not a gambling man, but I would put them at greater than 50 percent, particularly if Amy Coney Barrett is confirmed to the Court and participates in the ruling, but certainly no sure thing. [read post]
8 Oct 2020, 7:48 am
Would an emergency stay application form the Second Circuit still be addressed to Circuit Justice Ginsburg? [read post]
