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6 Jun 2017, 3:57 am by Edith Roberts
Yesterday the court granted certiorari in Carpenter v. [read post]
19 Jun 2021, 1:30 pm by Josh Blackman
Here is a snippet: We are grateful to the Freedom From Religion Foundation for providing a generous grant that allowed us to recruit some of the most distinguished scholars and thinkers on this subject. [read post]
8 Apr 2021, 9:19 am by Josh Blackman
And placing a fourth vote on statement is a green light for a future cert grant. [read post]
4 Nov 2019, 4:02 am by Josh Blackman
When Congress has chosen to grant its consent, it has acted by statute: an instrument passed by both houses of Congress and presented to the President. [read post]
2 Jul 2021, 10:27 pm by Josh Blackman
Courts cannot "rely on 'broadly formulated'" governmental interests, but must"'scrutinize[] the asserted harm of granting specific exemptions to particular religious claimants.'" Ibid. [read post]
14 Mar 2024, 9:52 pm by Josh Blackman
But the assignment of cases does not rely on the general grant in Section 2071, but instead invokes an express delegation of power in Section 137. [read post]
5 Sep 2019, 8:59 pm by Josh Blackman
Unfortunately, this court's usual procedures do not appear to permit en banc review of this denial of a stay even if a majority of the active judges would otherwise grant it. [read post]
3 May 2022, 7:40 am by Josh Blackman
The opinion held that the FCC violated the Equal Protection Clause by granting an applicant extra credit for being a woman. [read post]
25 Nov 2019, 7:27 am by Josh Blackman
Here is the key excerpt (pp. 18-19): First, consider the regulation that authorizes the secretary to grant DACA recipients with work authorization, with which we can presume the attorney general was familiar.6 8 C.F.R. 274a.12(c)(14) provides a crystalline illustration of the elephant-in-mousehole framework. [read post]
4 Jan 2024, 12:50 pm by Josh Blackman
[Scholars and lawyers should exercise caution before citing a new paper by James Heilpern and Michael T. [read post]
31 Jul 2023, 11:50 am by Josh Blackman
Though, I should note that Circuit Justice Gorsuch granted a temporary administrative stay of a Tenth Circuit decision, which held that a member of an Indian tribe was immune from an Tulsa, Oklahoma speeding ticket. [read post]
22 May 2023, 12:02 pm by Josh Blackman
And if consent was not granted, amici could file a motion for leave, which was regularly granted. [read post]
28 Mar 2021, 5:00 pm by Josh Blackman
The Georgetown University Law Center is one of the top-ranked law schools in the country. [read post]