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30 Jun 2014, 8:54 am
Cato’s brief is here, and Ilya Shapiro is out with a statement for Cato (“Obamacare’s contraceptive mandate had to [fail under RFRA] because it didn’t show – couldn’t show – that there’s no other way of achieving its goal without violating religious beliefs. [read post]
27 Mar 2019, 3:05 am
” A newly filed lawsuit challenges that practice [Hans Bader] Only Congress can make new law, and administration can’t reach desired ban on “bump stock” firearms accessories just by reinterpreting existing federal law [Ilya Shapiro and Matthew Larosiere on Cato amicus brief in D.C. [read post]
5 May 2017, 5:48 am
More: Ilya Shapiro at Cato, Ed Morrissey, and my post on the earlier draft. [read post]
19 Jun 2019, 3:02 am
U.S. to allow consecutive state and federal prosecutions over the same conduct, the so-called dual sovereignty exception to double jeopardy protection [Reuters, Ilya Shapiro, Cato brief (with ACLU and Constitutional Accountability Center) that had urged an end to the exception; and a conspiracy theory about Kavanaugh that wound up having absolutely no predictive value] “When Should Plaintiffs Be Able to Sue Anonymously? [read post]
23 Mar 2017, 3:01 pm
Coverage of the hearing comes from Matt Flegenheimer and others in The New York Times, Seung Min Kim and Josh Gerstein at Politico, Rebecca Wilhelm at Bloomberg BNA, who focuses on Gorsuch’s views on Chevron deference, Benjamin Wermund at Politico, and Lisa Soronen at the National Conference of State Legislatures blog, who writes about what Gorsuch had to say about issues affecting state and local governments, Commentary comes from Andrew Cohen in Esquire, Ilya Shapiro in the… [read post]
21 Jan 2014, 8:05 pm
., Ontario; CBC via @amyalkon, also related on Nova Scotia aikido class] Inviting shop clerks to set up “no booze/pork” check lines is a sensitivity too far [Andrew Stuttaford, Secular Right] “Top 2013 Jury Awards: Price-Fixing, Nursing Home Liability, Defamation” [Margaret Cronin Fisk, Bloomberg] Top legal ethics stories of 2013 [Legal Ethics Forum and followup on R v Farooqi & Ors] Liberate history-talk: “Another Battle Against Silly Tour-Guide… [read post]
25 Jan 2018, 3:02 am
Somers, on SEC definition of Dodd-Frank whistleblower, could give Justice Gorsuch an opening to strike blow against excessive judicial deference to agencies [Ilya Shapiro] Tags: administrative law, constitutional law Administrative law roundup is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
7 Sep 2012, 9:30 pm
We are grateful to the following contributors who will weigh in next week on the cases currently in the pipeline and how the Court should or will rule on the challenges to the VRA: Guy-Uriel Charles – Duke Law Adam Cox – NYU School of Law and Thomas Miles – University of Chicago Law School Luis Fuentes-Rohwer – Indiana Maurer School of Law Richard Hasen – UC Irvine School of Law and Election Law Blog Heather Gerken – Yale Law School Nathaniel Persily… [read post]
25 Sep 2011, 10:15 pm
Barton Hinkle, Richmond Times-Dispatch] I’m quoted on courtroom battles over state anti-abortion enactments [Steve Weatherbe, National Catholic Register] Exhaustion of remedies: “Property Rights Are Not Second-Class Rights” [Ilya Shapiro, Cato at Liberty] Property ordinance in San Juan Capistrano bars Bible study groups and even regular bridge foursomes. [read post]
16 Mar 2016, 7:05 pm
Commentary comes to us from Jeffrey Toobin for CNN, Jon Healey of the Los Angeles Times, Daniel Fisher of Forbes, Roger Clegg for the National Review, Lisa Keen of Keen News Service, Josh Israel of ThinkProgress, Lisa Soronen of the National Conference of State Legislatures, Justin Sadowsky of Dubitante Blog, Shaun King for the New York Daily News, Ed Kilgore of New York Magazine, Robin Shea of Employment & Labor Insider, Ilya Shapiro for Cato Institute, as well as Roger Pilon… [read post]
18 Nov 2014, 9:05 pm
Huffington Post calls for “sanctions” for press outlets that engage in “dishonest, demonizing” coverage of Muslims, immigrants, and asylum seekers [Guardian] SCOTUS should hear case re: right to engage in political advocacy without registering with government [Ilya Shapiro and Trevor Burrus, Cato; Vermont Right to Life Committee v. [read post]
12 Jan 2012, 9:12 pm
Horton, Inc. and Michael Cuda; Ross Runkel, Corporate Counsel] Richard Epstein on “living wage” legislation [Defining Ideas] In Greece, law providing early retirement for “hazardous” jobs was extended to some that are not so hazardous, like hairdressing, pastry making and radio announcing [Mark Steyn via Instapundit, IBTimes, Reuters] “Prosecutor’s double-dippers draw millions from New Jersey pension funds” [Mark Lagerkvist, DC Examiner] Even if… [read post]
16 Dec 2015, 9:05 pm
’s attempt to jail jury nullification pamphleteers [Jacob Sullum, earlier] Federal agencies should not get to decide for themselves whether they’re violating the First Amendment [Ilya Shapiro, Cato on cert petition in POM Wonderful v. [read post]
24 Mar 2017, 3:03 am
; The eternal recycling of bad old ideas: efforts to bring back public ownership of banks persist [East Bay Express, Oakland; earlier] Statutes of limitations protect us from spending life anxious about distant past coming back to haunt us over half-forgotten slights [Ilya Shapiro, Thaya Brook Knight, and David McDonald on Kokesh v. [read post]
5 Feb 2020, 2:59 am
If your personal injury lawyer instructs you not to file a claim with your health insurer concerning your medical care, you may instead be in the hands of a “lien doctor” [Sara Randazzo, WSJ, paywall] Supreme Court passes up opportunity to decide whether the Constitution’s Excessive Fines Clause applies to business defendants, and also whether a state can conjure an excessive fine out of existence by conceptually slicing it up into smaller daily fines [Ilya… [read post]
28 Aug 2017, 7:55 am
At the Cato Institute’s Cato at Liberty blog, Thaya Brook Knight and Ilya Shapiro discuss the institute’s amicus brief in Lucia v. [read post]
31 May 2019, 3:03 am
” Thing is, cooks and chefs aren’t licensed [same] Meanwhile, in Congress: “Bipartisan Bill Would Stop States From Denying Occupational Licenses Due to Student Loan Debt” [Boehm again on Rubio-Warren measure] “Judicial Sanity on Occupational Licensing and the First Amendment” [Ilya Shapiro and Patrick Moran on Fifth Circuit decision in Express Oil Change v. [read post]
10 Aug 2012, 6:27 am
Over at Cato@Liberty, Ilya Shapiro discusses the supplemental amicus brief that the Cato Institute recently filed in Kiobel v. [read post]
7 Dec 2010, 11:15 am
[Volokh] Supreme Court agrees to hear global-warming-as-nuisance case [Ilya Shapiro/Cato at Liberty, Jonathan Adler and more] Supreme Court agrees to review Wal-Mart employment case, could be Court’s biggest statement on class action issues in years [Beck, Schwartz, Ted at PoL] Investigator recommends disbarment of controversial former Maricopa County Attorney Andrew Thomas [Arizona Republic, earlier] Vessel-hull section of copyright law could give Sen. [read post]
13 Sep 2016, 9:05 pm
” [Jacob Gershman, WSJ Law Blog; Ken White, Popehat] Don’t make housing discrimination law a money tree for municipal government plaintiffs [Thaya Brook Knight and Ilya Shapiro on Cato amicus brief in Supreme Court case of Bank of America v. [read post]
