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26 Nov 2020, 12:07 am by Josh Blackman
Justice Douglas tried mightily to keep his opinion within the Footnote Four framework. [read post]
24 Nov 2020, 7:00 am by David Cole
When preelection opinion polls appeared to promise that Democrats could win not only the presidency but also the Senate, some talked of “court reform. [read post]
19 Nov 2020, 9:05 pm by Brinna Ludwig
Justice Debra Todd wrote the opinion and concluded that “it would be improper for this Court to judicially rewrite the statute by imposing distance requirements where the legislature has, in the exercise of its policy judgment, seen fit not to do so. [read post]
17 Nov 2020, 11:04 am by Josh Blackman
Courts have relied on South Bay to determine the police powers of governors to impose mask mandates and other quarantine measures. [read post]
16 Nov 2020, 11:09 am by William Ford, Tia Sewell
Devoted to “Hard National Security Choices,” the site features top-quality writing and analysis from experts on developing stories in the national security arena, relevant legislation, and judicial opinions. [read post]
14 Nov 2020, 12:24 pm by Eugene Volokh
El Paso County (opinion by Chief Justice Jeff Alley, joined by Justice Gina Palafox); an excerpt: If the disaster de jure [I assume the court meant "du jour"-EV] was a hurricane on the gulf coast, there would have to be a tie-breaker if the governor intended for people to evacuate in one direction but a local county judge thought it better to send people in the exact opposite direction. [read post]
13 Nov 2020, 12:40 pm by John Ross
Penis] Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. [read post]
13 Nov 2020, 3:00 am by Jim Sedor
Although Biden has said prosecuting a former president would be a “very unusual thing and probably not very good for democracy,” he also vowed in an NPR interview in August that he would not “interfere with the Justice Department’s judgment of whether or not they think they should pursue the prosecution of anyone that they think has violated the law. [read post]
12 Nov 2020, 3:46 pm by Amy Howe
Chief Justice John Roberts joined the court’s four more liberal justices in voting to deny the church’s plea. [read post]
12 Nov 2020, 1:25 pm by rainey Reitman
  In this episode you’ll learn: How the FCC defines who has broadband Internet and why that definition makes no sense in 2020; How many other countries adopted policies that either incentivized competition among Internet providers or invested in government infrastructure for Internet services, while the United States did neither, leading to much of the country having only one or two Internet service providers, high costs, and poor quality Internet service; Why companies like AT&T and… [read post]
11 Nov 2020, 11:11 pm
 In that case before SCOTUS, Justice Alito issued an order requiring segregation of all late ballots pending action on the petition for review by the full court. [read post]
9 Nov 2020, 12:18 pm by fjhinojosa
Casto’s article The Early Supreme Court Justices’ Most Significant Opinion is cited in the following article: Michael Freedman, Injury-In-Fact, Historical Fiction: Contemporary Standing Doctrine And The Original Meaning Of Article III, 75 N.Y.U. [read post]
9 Nov 2020, 10:30 am by Andy Schlafly
The presentment clause – which sets forth the specific procedures by which bills become laws — is not a clause most of us learned about in law school, but in an opinion by Justice John Paul Stevens, the court held that it must be strictly adhered to. [read post]
8 Nov 2020, 11:07 pm
 In that case before SCOTUS, Justice Alito issued an order requiring segregation of all late ballots pending action on the petition for review by the full court. [read post]
6 Nov 2020, 8:20 am by Lawrence Lessig, Jason Harrow
A recent opinion by Justice Brett Kavanaugh suggests that Rehnquist’s argument may be again on the rise. [read post]