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27 Jun 2019, 8:51 am by Lyle Denniston
But in the end, a bare majority ruled that government officials must reconsider that plan, and do so in time for the 2020 census. [read post]
27 Jun 2019, 8:30 am by Michael Herz
Justice Elena Kagan wrote the majority opinion for herself, the other liberals, and, in part, Chief Justice John Roberts. [read post]
27 Jun 2019, 8:28 am by Tom Smith
WASHINGTON – The Supreme Court sidestepped its most controversial case Thursday, rebuffing for now the Trump administration's plan to add a citizenship question to the 2020 census and giving opponents new hope of defeating it.The ruling by Chief Justice John Roberts questioned the rationale for the administration's effort, just as challenging states and immigrant rights groups have done. [read post]
27 Jun 2019, 8:25 am by Tom Smith
The administration had argued the question was needed to enforce the Voting Rights Act (VRA).ADVERTISEMENTThe justices sent the issue back to the Commerce Department to provide another explanation.Chief Justice John Roberts joined with the court's liberal wing in delivering the court's opinion. [read post]
27 Jun 2019, 8:22 am by Lyle Denniston
States also have the authority under their own state constitutions to curb the practice, as happened last year in a ruling by the Pennsylvania Supreme Court. [read post]
27 Jun 2019, 4:09 am by Daniel Walters
As Gorsuch’s partial concurrence recounts, there is no shortage of arguments that might be deployed to justify departing from stare decisis—the separation of powers concern about combining rule-writing and rule-interpreting authority in agencies, the statutory arguments based on Section 706 of the Administrative Procedure Act, or the concerns about the doctrine’s perverse incentives for rule-writing—to many of which Roberts appears quite… [read post]
27 Jun 2019, 3:27 am by Edith Roberts
Yesterday the Supreme Court issued three opinions, and Chief Justice John Roberts announced that the term will end today; five cases remain to be decided, including cases involving partisan gerrymandering and the government’s decision to add a question about citizenship to the 2020 census. [read post]
26 Jun 2019, 6:17 pm by justia.admin
Ultimately, Chief Justice Roberts concluded that the Court was confused in Williamson County because there really was no good reason for the “state litigation rule. [read post]
26 Jun 2019, 2:41 pm by Kalvis Golde
Amy Howe covered the ruling for this blog; her coverage first appeared at Howe on the Court. [read post]
26 Jun 2019, 2:29 pm by Mark Walsh
“We rule today that this form of deference should continue,” Kagan says. [read post]
26 Jun 2019, 1:44 pm by Sasha Volokh
Congress, we have pointed out, routinely delegates to agencies the power to implement statutes by issuing rules. [read post]
26 Jun 2019, 12:50 pm by Jonathan H. Adler
Nonetheless, it is heartening that even Justice Kagan recognized the potential dangers of unconstrained deference to agency interpretations of their own rules and that every justice on the Court saw some value in reining in the doctrine. [read post]
26 Jun 2019, 11:09 am by Vishnu Kannan
Circuit’s ruling in Qassim v. [read post]
26 Jun 2019, 10:33 am by James Segroves
But hard interpretive conundrums, even relating to complex rules, can often be solved. [read post]
26 Jun 2019, 10:20 am by Amy Howe
Chief Justice John Roberts agreed with the court’s decision not to overrule Auer and its discussion of the limits on Auer deference going forward. [read post]
26 Jun 2019, 8:39 am by Eugene Volokh
The rule should not be different when the plaintiff is a private individual but the matter nonetheless raises an issue of public concern. [read post]
26 Jun 2019, 8:20 am by Law Offices of Robert Dixon
At the Law Offices of Robert Dixon, we want you to focus on your rest and recovery while we take care of the legalities of your case. [read post]