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19 Jun 2015, 2:20 pm
(And does it matter?) [read post]
23 Aug 2023, 11:23 am
If Judge Rao merely misunderstood what the classical view holds, her lecture could neatly join a crowded shelf of off-the-bench efforts at legal theory by originalist judges, which we have discussed elsewhere, and which are also crippled by a question-begging stipulation that the classical legal tradition does something other than law. [read post]
19 May 2022, 2:37 pm
When Congress does not meet one of these criteria, and say, extends a federal grant with ambiguous or coercive terms to the States, Arizona contends that this offer offends state sovereignty and gives rise to a cognizable injury in fact. [read post]
24 Jun 2019, 8:34 am
Among other things, Kavanaugh does not seem to have the same formalist streak that leads Gorsuch to cross over in some criminal law cases, as Justice Scalia would sometimes do. [read post]
21 Sep 2022, 10:53 am
The rule against "previewing" questions does not apply to side jobs, but even then the handbook cautions against "entanglements that conflict with our journalistic independence. [read post]
22 Mar 2014, 1:23 pm
A follow-up defending the reporters’ choice of subject matter, while interesting, does not suffice. [read post]
1 Jun 2020, 6:54 am
So does this mean the Supreme Court should reconsider Keller? [read post]
1 Dec 2021, 7:38 pm
What does Judge Doughty offer to justify his claim? [read post]
3 Jul 2015, 2:22 pm
Where there are reasons to believe that Congress did not delegate interpretive authority to an agency, however, Chevron does not apply. [read post]
14 Aug 2020, 3:05 pm
Judicial Watch does not in fact want for the information it purports to seek and has already been afforded extensive discovery related to the proposed deposition topics. [read post]
29 Jun 2022, 1:13 pm
Texas Department of Public Safety, in which a 5-4 Court concluded that state sovereign immunity does not prevent Congress from authorizing suits against states pursuant to its power to raise and support armies. [read post]
15 Jun 2021, 8:09 pm
A command in an Executive Order does not exempt an agency from the APA's reasoned decisionmaking requirement. . . . [read post]
12 Oct 2021, 7:16 am
What does the Fairfax County School Board not want the public to know? [read post]
8 Mar 2017, 6:22 am
It’s no wonder that he does not want to go through any of this again (and no wonder that when many on the right hear the name “Merrick Garland,” they respond “Miguel Estrada”). [read post]
15 Aug 2023, 8:52 am
Because the lawful exercise of prosecutorial discretion does not violate the Constitution, disparate enforcement of a neutral ordinance based on viewpoint is unlawful only when the prosecutorial factors are similar, and "unlawful favoritism" remains the predominant explanation for the government's targets. . . . [read post]
5 Aug 2021, 6:25 am
Dominion voting Systems does not hold back, The court granted the motion for sanctions based upon the following conclusions: (1) That this lawsuit was filed in bad faith; (2) That Plaintiffs' counsel's legal contention that the Plaintiffs had Article III standing to bring this suit was not warranted by existing law or a nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law. [read post]
6 Dec 2022, 6:29 am
Just because the CFPB has an unusal funding structure does not necessarily mean that it is unconstitutonal. [read post]
5 Mar 2024, 7:20 pm
But if Sotomayor does not retire this year, we don't know when she will next be able to retire with a likely liberal replacement. [read post]
21 Nov 2021, 7:43 pm
Unlike the Obama Administration, however, the Biden Administration is taking a modest and somewhat conservative approach that does relatively little to redefine the scope of federal regulatory jurisdiction under the Clean Water Act, perhaps with an eye toward eventual Supreme Court review. [read post]
29 Jan 2024, 1:43 pm
And even if the Court's order does not violate the mandate, the Supreme Court's observation still pertains: "the justiciability of [these Plaintiffs'] claims presents substantial grounds for difference of opinion. [read post]
