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6 Feb 2022, 4:48 am by Jonathan H. Adler
From Tribe's op-ed: While the vice president has the power to cast a tiebreaking vote to pass a bill, the Constitution does not give him the power to break ties when it comes to the Senate's "Advice and Consent" role in approving presidential appointments to the Supreme Court. [read post]
28 Nov 2022, 6:27 pm by Jonathan H. Adler
It is a substantive policy choice to which this court does not owe—indeed cannot owe—any deference. [read post]
8 Dec 2021, 12:51 pm by Jonathan H. Adler
While this decision does not bind a federal district court in another circuit, it is a bit odd for a district court to claim it is following the lead of another circuit and then fail to do so. [read post]
16 Mar 2023, 8:09 am by Jonathan H. Adler
But this does not mean the policies should be enforced in a punitive fashion. [read post]
23 Jan 2020, 7:17 am by Jonathan H. Adler
[A response to Josh Blackman's New York Times op-ed on the case against Trump (with updates)] Does the impeachment and potential removal of President Trump threaten to punish routine political conduct due to partisan disagreement? [read post]
20 Jun 2014, 2:17 pm
Also that she exhibits an unusual stubbornness and temper when she does not get her way. [read post]
10 Dec 2020, 1:28 pm by Jonathan H. Adler
Miller, 307 U.S. 433, 438 (1939), which they did not, that does not somehow metastasize into a claim by the state rather than those presidential electors. [read post]
17 Mar 2021, 8:20 pm by Jonathan H. Adler
Although she is a well-recognized academic and pioneer in trauma studies, the University pays Freyd several thousand dollars less per year than it does four of Freyd's male colleagues, despite their being of equal rank and seniority. [read post]
24 Mar 2021, 2:32 pm by Jonathan H. Adler
There are other reasons to prefer a carbon tax beyond those I discuss in the paper, including the fact that implementing such a tax requires less government involvement in discrete business decisions, such a policy does not presume which sorts of technologies or innovations are the best way to reduce emissions, such use taxes are less susceptible to rent-seeking than regulatory equivalents, and (perhaps most important given the structure of the Senate), A carbon tax could be adopted through… [read post]
4 Mar 2015, 8:28 pm
When the SG noted that Section 1401 does not merely reference exchanges “established by the State,” but instead says “established by the State under 1311,” Justice Kennedy cut him off noting that the SG’s argument was heading in the “wrong direction. [read post]
29 Aug 2023, 2:36 pm by Jonathan H. Adler
With respect to Deficiency 2, for instance, the FDA initially requested a "scientific justification for why consecutive puffing does not cause an increased risk of user injury" and "[t]he target value, upper and lower range limits, and test data" for the studies employed by Fontem. [read post]
1 Dec 2022, 5:14 pm by Jonathan H. Adler
But as we have said, the status of a document as personal or presidential does not alter the authority of the government to seize it under a warrant supported by probable cause; search warrants authorize the seizure of personal records as a matter of course. [read post]
29 Nov 2019, 4:54 pm by Jonathan H. Adler
When an allegedly defamatory statement is couched as an expression of opinion on the quality of a work of scholarship relating to an issue of public concern, on which side of the Milkovich line does it fall? [read post]
11 May 2023, 9:07 am by Jonathan H. Adler
Predictions are hard, especially about the future, but today's releases incline me to think that the Chief will have Sackett from the October sitting, and at least one of the affirmative action cases from November (unless his opinion does not command a majority). [read post]
15 Dec 2021, 11:37 am by Jonathan H. Adler
That decision, though, does not hold that nationwide injunctions are required or even the norm. [read post]
29 Dec 2022, 7:34 am by Jonathan H. Adler
Second, once we have sorted out the deference issue: What does the statute mean? [read post]
20 Nov 2020, 2:54 pm by Jonathan H. Adler
And that is exactly why the First Amendment does not allow communities to determine how their neighbors may be counseled about matters of sexual orientation or gender. [read post]
24 Jun 2014, 5:55 am
While the opinion was rather predictable, that does not mean it was good, or even particularly coherent. [read post]
8 Oct 2024, 3:07 pm by Jonathan H. Adler
"The statute does not serve a compelling interest in limiting the participation of nonvoters in the activities of democratic self-government; it serves the compelling interest of limiting the participation of non-Americans in the activities of democratic self-government. [read post]