Search for: "Matter of Adler"
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29 Sep 2020, 5:51 pm
Today, there is no principle and no norm in the judicial nominations process that either side would not violate itself and simultaneously demand the other side observe as a matter of decency and inter-branch comity. [read post]
26 Dec 2023, 2:34 pm
Nor, for that matter, does a defendant have an adequate opportunity to assert constitutional violations in the state proceeding when the prosecution itself is the constitutional violation. [read post]
16 Jun 2021, 1:21 pm
According to new reports, thirteen progressive groups, including Black Lives Matter and the Sunrise Foundation, will endorse a full-page ad in Politico calling upon Breyer to take leave from the bench. [read post]
19 Dec 2023, 11:11 am
They contend that state law suits about interstate emissions are barred by federal common law as a jurisdictional matter, and therefore that the District's complaint must be understood as bringing a federal common law action. [read post]
2 Mar 2020, 6:04 pm
Gorsuch goes on: To make matters worse, the law before us carries the possibility of criminal sanctions. [read post]
8 Jul 2023, 5:47 am
Does the nature of the federal judicial power or for that matter Article III permit such sweeping relief? [read post]
12 Nov 2014, 8:17 am
Tuesday afternoon I had the pleasure of debating/discussing King v. [read post]
10 Feb 2021, 12:48 pm
(Update: No)–5/5/20 The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It. [read post]
23 Jun 2017, 9:08 am
So the parties have not had the chance to join issue fully on the matters now decided. . . . [read post]
18 Apr 2023, 2:46 pm
., 514 U.S. 645, 661 (1995), to the subject matter preempted by EPCA, the Berkeley Ordinance cuts to the heart of what Congress sought to prevent—state and local manipulation of building codes for new construction to regulate the natural gas consumption of covered products when gas service is otherwise available to premises where such products are used. [read post]
27 Jun 2019, 1:41 pm
As Chief Justice Roberts explained, it did not matter that many, or even most, might conclude that the risk of an undercount caused by including a citizenship question outweighed concerns about the need to rely upon other information sources and estimation techniques to generate citizenship data; "the choice between reasonable policy alternatives in the face of uncertainty was the Secretary's to make. [read post]
18 Jun 2020, 7:56 am
I believe DACA was lawful (given the decades-long practice of immigration law enforcement and implementation that allowed forbearance and the receipt of benefits), but I also believe the Trump Administration had no obligation to provide any explanation at all for its rescission, and that the conclusion that DACA was unlawful was more than sufficient to justify its rescission (and would be so even if courts disagreed as to that determination, as what matters is whether the decision was… [read post]
1 Mar 2020, 7:29 pm
This requirement is "more than a matter of 'etiquette or protocol'; it is among the significant structural safeguards of the constitutional scheme. [read post]
20 Nov 2020, 3:44 pm
Circuit issued an interesting, splintered opinion in In Re: In the Matter of the Federal Bureau of Prisons' Execution Protocol Cases. [read post]
12 Oct 2020, 6:05 am
For everyone else, what matters is the severability issue, which will determine the future of the rest of Obamacare. [read post]
22 Dec 2020, 12:09 pm
Furthermore, there was no public comment or notice solicited on the matter . [read post]
10 Nov 2020, 10:58 am
That's true if you view severability as a matter of divining congressional intent (as current Supreme Court precedent requires). [read post]
23 Jun 2014, 12:47 pm
The court, as a general matter, is very reluctant to overturn its own prior statutory interpretations because, unlike with constitutional interpretations, Congress can have the last word by revising statutes if it disagrees with the court. [read post]
21 Feb 2022, 7:35 am
" (Nor, for that matter, is the President an "agency" under the APA for purposes of judicial review.) [read post]
16 Aug 2015, 5:55 pm
On Friday, in Arpaio v. [read post]
