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5 Nov 2020, 7:35 am
The Justice Department had been scrutinizing the deal since early this year. [read post]
4 Nov 2020, 1:27 pm
A group of 18 states with Republican attorneys general or governors, led by Texas, contend not only that the mandate is unconstitutional and must be thrown out, but that the rest of the ACA must go with it. [read post]
3 Nov 2020, 12:05 am
" And that, in our opinion, is a very severe penalty to impose on people, particularly at a time when they are grappling with a public health and economic crisis of unprecedented proportions. [read post]
3 Nov 2020, 12:05 am
" And that, in our opinion, is a very severe penalty to impose on people, particularly at a time when they are grappling with a public health and economic crisis of unprecedented proportions. [read post]
2 Nov 2020, 10:31 am
And there’s one small matter further exacerbating the perception that the courts are poised to facilitate Republican victories: Only a week before the election, Trump successfully placed a third justice on the Supreme Court, after indicating he thinks the court will “end up” deciding the election outcome and needs a full complement of justices in time to do so. [read post]
31 Oct 2020, 9:27 pm
Justice Gorsuch wrote a dissenting opinion, which Justice Alito joined. [read post]
30 Oct 2020, 1:17 pm
Notably, Justice Brett Kavanaugh and other newly appointed conservative circuit judges (although not Justice Amy Coney Barrett when she was a circuit judge) have, in separate opinions, suggested that the entire inquiry should be focused on history and tradition, without any means-end scrutiny. [read post]
30 Oct 2020, 3:00 am
Judge Rejects Justice Dept. [read post]
29 Oct 2020, 9:02 pm
In a case arising out of Wisconsin earlier this week, much attention was paid to a concurring opinion by Justice Brett Kavanaugh, who invoked Bush v. [read post]
29 Oct 2020, 9:00 pm
In his concurring opinion, Justice Brett Kavanaugh, sounding a lot like Trump himself, warned that the Court might have to act to “avoid the chaos and suspicions of impropriety that can ensue if thousands of absentee ballots flow in after election day and potentially flip the results of an election. [read post]
29 Oct 2020, 11:30 am
” The Trump campaign has also filed a federal lawsuit in Montana, where Governor Steve Bullock issued a directive authorizing “universal vote-by-mail procedures” for federal elections. [read post]
29 Oct 2020, 10:29 am
"] From a Washington Supreme Court unanimous opinion today in In re Recall of White (written by Justice González): In our constitutional democracy, the people elect their own representatives for fixed electoral terms…. [read post]
28 Oct 2020, 9:45 am
This post is the third of a five-part series on litigation about mail voting during the 2020 general election. [read post]
28 Oct 2020, 7:15 am
” There were two concurrences on the opinion. [read post]
27 Oct 2020, 7:54 am
This post is the first in a five-part series on litigation about mail voting during the 2020 general election. [read post]
27 Oct 2020, 7:54 am
This post is the first in a five-part series on litigation about mail voting during the 2020 general election. [read post]
26 Oct 2020, 8:11 pm
Second Department Appellate Division Justice Thomas F. [read post]
26 Oct 2020, 8:11 pm
Second Department Appellate Division Justice Thomas F. [read post]
26 Oct 2020, 2:18 pm
Court of Appeals for the 9th Circuit declined to block the governor’s order. [read post]
16 Oct 2020, 12:30 pm
Please enjoy the latest edition of Short Circuit, a weekly feature from the Institute for Justice. [read post]
