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3 Mar 2020, 9:01 pm by Vikram David Amar
But query whether in the federalism context, where other plain-statement rules such as that announced in 1991 in Gregory v Ashcroft (which requires Congress to clearly say in the text of a regulatory statute that the statute applies to state and local government entities before states can be required to obey) seem designed to make sure Congress has carefully considered state interests, Congress itself has to be the one to fix any… [read post]
3 Mar 2020, 1:59 pm by Mark Walsh
” Alito says, in reference to a statute that President Barack Obama’s administration declined to defend in United States v. [read post]
3 Mar 2020, 11:07 am by Robert Liles
With the passage of the “False Claims Amendments of 1986,” [5] the Attorney General of the United States was given the authority to issue Civil Investigative Demands in connection with the investigation of civil False Claims Act matters. [read post]
3 Mar 2020, 11:07 am by Amy Howe
Among other things, Clement emphasized, the Constitution would prevent Congress from imposing more restrictive removal provisions for some parts of the president’s cabinet, such as the Departments of State and Defense. [read post]
3 Mar 2020, 3:40 am by Edith Roberts
For The New York Times, Adam Liptak and Abby Goodnough report that “[t]he case was brought by Republican state officials, who argued that when Congress eliminated the law’s requirement in 2017 that most Americans obtain health insurance, the law became unconstitutional[; t]he Trump administration sided with the state officials, arguing that the rest of the health care law could not survive without the requirement. [read post]
2 Mar 2020, 10:46 am by Yige Wang
Sebelius, holding that the mandate is a valid exercise of Congress’ taxing power. [read post]
2 Mar 2020, 10:14 am by Rebecca Tushnet
Surveys, testimony, observing online behavior are all different sources of empirical evidence: searches originating on Amazon v. searches originating on Google. [read post]
2 Mar 2020, 8:22 am by Amy Howe
Fish and Wildlife Service v. [read post]