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11 Jul 2024, 8:43 am by Jonathan H. Adler
What matters here is simple: notwithstanding its placement in the internal revenue code, NFIB, 567 U.S., at 563–65, and a facially tangential connection to taxes imposed on spirits, Drexel Furniture, 259 U.S. at 36–37, Section 5178(a)(1)(B), enforced by a criminal penalty in Section 5601(6), lacks "the essential feature of any tax. [read post]
1 Dec 2018, 4:12 am by SHG
As Jonathan Adler correctly noted on twitter, it may well be that Ian made the voluntary choice not to participate in the podcast and he wasn’t removed. [read post]
14 Dec 2010, 8:17 am by Andrew Koppelman
(See, for example, Jonathan Adler’s defense of the ruling on the Volokh Conspiracy blog.) [read post]
31 Oct 2013, 6:00 am by Alex Craigie
He also disclosed that he had conducted an arbitration and a mediation involving Adler more than five years earlier. [read post]
24 May 2012, 8:56 am by Leland E. Beck
  Nathan Sales and Jonathan Adler persuasively argue that an agency’s interpretation of its own jurisdiction should not be granted deference when a statute is ambiguous. [read post]
22 Mar 2020, 4:47 am by SHG
Update: In contrast to the “everybody gets an A” side, Jon Adler at Volokh Conspiracy presents the arguments against Pass/Fail. [read post]
24 Apr 2019, 7:37 am by Nathan Matias
Ben opens by explaining what gerrymandering is and why it matters. [read post]
11 Nov 2014, 3:30 am by Walter Olson
Of course, but that’s a matter for Congress. [read post]
26 Apr 2018, 4:29 am by Edith Roberts
” At Good Judgment, Ryan Adler offers advice on forecasting Supreme Court decisions, warning that “[a]bsolute concern with what will happen, and not what should happen, is the only way to keep from putting a thumb on your own scales. [read post]
19 Apr 2017, 10:32 am by Jonathan H. Adler
So one could argue (and I expect the Trump administration will argue) that whether the president is abiding by the emoluments clause is just the sort of matter that respects the nation as a whole and is not fit for judicial review. [read post]
23 Aug 2017, 9:23 am by Jonathan H. Adler
What actually matters in this case is that the sponsor of the event (TFAS) is not a party to any litigation likely to reach the court. [read post]
31 Aug 2021, 4:09 pm by Jonathan H. Adler
As in Regents, the fact that the agency action relied upon may have been arbitrary or unlawful does not matter. [read post]
2 Sep 2021, 11:04 am by Jonathan H. Adler
So there was no indication that the pros and cons of rescinding DACA, as a matter of immigration policy, had been considered at all. [read post]
16 Aug 2014, 12:15 pm by Guest Blogger
  Initially, Adler and Cannon characterized the ostensibly defective provision as a “glitch” or “legal mistake. [read post]
30 Dec 2022, 6:36 pm by Jonathan H. Adler
There simply is no limiting principle to cabin that definition of "sex" to the regulatory carve-out for bathrooms under Title IX, as opposed to the regulatory carve-out for sports or, for that matter, to the statutory and regulatory carve-outs for living facilities, showers, and locker rooms. [read post]
24 Mar 2014, 7:39 pm
Tuesday morning, as the Supreme Court hears oral argument in the two cases challenging the so-called contraception mandate (Sebelius v. [read post]
25 Mar 2023, 8:05 am by Jonathan H. Adler
The reason is the "'overriding . . . need for a uniform rule of decision' on matters influencing national energy and environmental policy. [read post]
10 Jun 2012, 7:12 am by Rick Hills
Should the NY Court of Appeals use this argument for mayoral power to uphold the HAIL Act under Adler v. [read post]