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6 Feb 2012, 6:14 am by Leland E. Beck
– Deputy Solicitor General Malcolm Stewart, before the Supreme Court in United States v. [read post]
3 May 2021, 8:25 am by Amy Howe
United States that although Congress generally waived the government’s immunity in the Federal Tort Claims Act, members of the armed forces cannot sue the federal government for injuries sustained on active duty. [read post]
16 Feb 2012, 11:04 am
Although the taxing power may not be used to impose “punishment for an unlawful act,” United States v. [read post]
18 Nov 2021, 8:03 am by Michael Stern
The PRA states that “[t]he United States shall reserve and retain complete ownership, possession, and control of Presidential records. [read post]
15 Nov 2021, 8:10 am by Amy Howe
Bernstein, the federal government will weigh in on whether the Airline Deregulation Act trumps mandatory state-law breaks for flight crews, while the question in California Trucking Association v. [read post]
13 Jun 2017, 4:45 am by Edith Roberts
Yesterday the Supreme Court accepted one more case for next term, Oil States Energy Services LLC v. [read post]
11 Mar 2013, 9:05 am by Stephen Wermiel
It is express when Congress states clearly in a federal law that it intends to supersede related state laws. [read post]
25 Jun 2013, 4:10 pm by Richard Hasen
The Boerne test is much tougher on Congress, requiring that it pass laws burdening states only when Congress demonstrates with admissible evidence (to the satisfaction of the Court, not itself) that there is evidence of significant unconstitutional conduct being undertaken by the states and that the means Congress chooses to address it are “congruent and proportional” to the constitutional violations. [read post]
21 Aug 2011, 9:32 pm
Justice Scalia, admittedly not the AmeriKat's favorite Justice, even questioned during oral arguments in Omega v Costco why Congress didn't say that if that is what it intended. [read post]
22 Mar 2009, 6:53 am
Take, for instance, the Michigan v. [read post]