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20 Jun 2014, 6:35 am
During a subsequent interview, E.L. stated that Nash persuaded her to take the pictures of herself but Nash denies that persuaded E.L. to take the pictures.U.S. v. [read post]
14 Nov 2011, 1:18 pm by Calvin Massey
  Serious evaluation of the scope of the conditional spending power is long overdue, for it remains the easiest possible device for the federal government to force states to comply with federal mandates by dangling federal cash in front of financially strapped states. [read post]
17 Sep 2020, 6:30 am by Guest Blogger
Amendments to the Constitution require two-thirds of both houses of Congress and ratification by three-fourths of the state legislatures, or else a petition to Congress by two-thirds of state legislatures for a constitutional convention, which can propose amendments that then need to be ratified by three-fourths of the state legislatures. [read post]
1 Feb 2013, 9:42 am by Bexis
  Why, straight to that old saw, the purported “presumption against preemption”:In considering whether these claims are preempted by the FDCA, some deference to state law is appropriate:  “[I]n all preemption cases, and particularly in those in which Congress has legislated in a field which the States have traditionally occupied, we start with the assumption that the historic police powers of the States were not to be superseded by the… [read post]
2 Apr 2007, 11:45 am
EPA "recalls the previous high-water mark of diluted standing requirements, United States v. [read post]
23 May 2011, 9:34 am by Marty Lederman
  The two December cases are Chamber of Commerce v. [read post]
28 Feb 2007, 8:01 am
Ainsa, Jr. of El Paso, Texas, arguing for petitioner, began by appealing to the Court's prior decision in United States v. [read post]
10 Mar 2015, 1:18 pm
Under this view, Congress would be unable to delegate to private parties, state governments, or international bodies. [read post]
6 Aug 2015, 7:51 pm
 Were it not for Printz, Stevens said, Congress would need not have had to worry about state refusal to create health insurance exchanges, as it could have commanded them to do so. [read post]
2 Dec 2023, 10:29 am by Ilya Somin
 (NA)  Yesterday, the US Court of Appeals for the 5th Circuit ruled against Texas in United States v. [read post]