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1 Sep 2014, 1:32 pm
Such application of the federal hate crime law — or any hate crime law for that matter — could be troubling. [read post]
26 Jun 2019, 5:29 pm by Jonathan H. Adler
However weak one thinks the standing claim of intervenor states might be, that of the plaintiff states was weaker—at least as an initial matter. [read post]
1 Dec 2022, 5:14 pm by Jonathan H. Adler
The Richey test has been in place for nearly fifty years; its limits apply no matter who the government is investigating. [read post]
29 Dec 2022, 7:34 am by Jonathan H. Adler
But such instances seemed more a matter of tossing in a few lines here and there to support a particular result than any application of an established doctrine. [read post]
5 Mar 2015, 11:10 am
Dole where where the matter of funding for the highway, suppose Congress said, and if you don’t build the highways, you have to go 35 miles an hour all over the State. [read post]
25 Jul 2024, 3:10 pm by Jonathan H. Adler
Today, the majority declares as a matter of law that no reasonable person could consider the facts of this case and reach a conclusion contrary to the one it reaches. [read post]
15 Mar 2016, 7:46 pm by Jonathan H. Adler
If we look at other constitutional settings in which one entity must consent to the proposal of another actor before the proposal can take legal effect, we have as a general matter not inferred any duty on the part of the second actor to do anything. [read post]
11 Feb 2018, 9:08 am by Jonathan H. Adler
I further addressed the initial (and highly problematic) trial court opinion in this post, in which I wrote: Whether or not Mann's work shows all that he has claimed is not the question, for the First Amendment protects robust discussion and debate of scientific matters and the freedom to express wrong-headed opinions in inartful ways. [read post]
31 Dec 2018, 9:37 am by Jonathan H. Adler
Judge O'Connor later writes: The Intervenor Defendants argue the Individual Plaintiffs cannot plead a constitutional injury (or any justiciable injury, for that matter) because the Individual Mandate no longer compels compliance. . . . [read post]
29 Mar 2019, 1:49 pm by Jonathan H. Adler
President Trump stated the matter bluntly: "If the Supreme Court rules that Obamacare is out, we'll have a plan that is far better than Obamacare. [read post]
16 May 2016, 5:23 pm by Jonathan H. Adler
Although the court declined to reconsider Auer/Seminole Rock deference in this case, I suspect it’s only a matter of time before it agrees to reconsider this doctrine. [read post]
24 Nov 2015, 9:05 am by Jonathan H. Adler
” We, the Princeton Open Campus Coalition, refuse to let our peers be intimidated or bullied into silence on these–or any–important matters. [read post]
14 Dec 2018, 6:40 pm by Jonathan H. Adler
What matters is what Congress did -- and what Congress did is create a law that regulates health insurance markets and lacks an enforceable mandate to purchase insurance. [read post]
23 Jan 2017, 4:54 pm by Jonathan H. Adler
This matters because, as the court has stressed time and again, Congress may create procedural rights that ease the standing burden. [read post]
18 Apr 2016, 5:16 am by Jonathan H. Adler
This would, in effect, turn the matter over to the next administration and leave open the possibility that the dispute over immigration reform could be resolved by the political process. [read post]