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23 Jun 2023, 10:13 am
Article II of the Constitution assigns the "executive Power"to the President and provides that the President "shall take Care that the Laws be faithfully executed. [read post]
23 Jun 2023, 10:03 am
He criticized Kavanaugh’s suggestion that the majority’s decision preserves the Constitution’s separation of powers, arguing instead that it “actually damages that system by improperly inflating the power of the Executive and cutting back the power of Congress and the authority of the Judiciary. [read post]
23 Jun 2023, 7:49 am
Thomas H. [read post]
23 Jun 2023, 7:49 am
Thomas H. [read post]
23 Jun 2023, 6:30 am
Thomas G. [read post]
22 Jun 2023, 10:24 pm
That is because Jicarilla's reasoning rests upon separation of powers principles—not on the particulars of the Tucker Acts. [read post]
22 Jun 2023, 6:00 pm
That followed revelations that Justice Clarence Thomas took luxury vacations and gifts funded by Republican megadonor Harlan Crow…” [read post]
22 Jun 2023, 1:19 pm
Jackson has a powerful answer: [T]he majority conspicuously downplays the stakes in this case. [read post]
22 Jun 2023, 8:00 am
Robbins, Epstein & Robbins, Jacksonville; Thomas J. [read post]
21 Jun 2023, 9:05 pm
” In a similar vein, Justice Clarence Thomas wrote in 2020 that “Chevron is in serious tension with the Constitution, the APA, and 100 years of judicial decisions” by constraining judicial power. [read post]
21 Jun 2023, 9:05 pm
On the other hand, we find that, for firms that do not do much R&D, the reduction in IPO valuation premium is greater where the leading publicly listed firm has greater market power, [read post]
21 Jun 2023, 1:57 pm
Justice Kavanagh concurred in the judgment, but wrote separately to agree with Justice Thomas, whose dissent argued that the qui tam provision was an unconstitutional infringement on the Executive’s Article II power. [read post]
21 Jun 2023, 12:28 pm
She quoted two clerks from that term, Cristina Rodriguez (O'Connor) and Adam Mortara (Thomas). [read post]
See(2)(A) You Later: Supreme Court Holds that DOJ Has Broad Dismissal Authority Even After Unsealing
21 Jun 2023, 9:59 am
” Dissent and Concurrence In recent years, Justice Thomas has authored the majority opinion in several of the FCA cases that have come before the Court. [read post]
20 Jun 2023, 9:01 pm
” These courts effectively gave the Court a power the Constitution hadn’t given it and the Court itself hadn’t claimed—the power to make law by issuing unexplained pronouncements on issues not presented.Other courts attempted to reconcile the Court’s dictum with its holding. [read post]
20 Jun 2023, 7:09 pm
Interrogating the entrenched nature of white supremacy within different government institutions highlights the structural realities that impede its enforcement and the harms of extending the powers of the national security apparatus. [read post]
20 Jun 2023, 6:48 pm
David Thomas of Reuters reports that “Ex-Trump lawyer Eastman faces disciplinary trial over election scheme. [read post]
20 Jun 2023, 10:15 am
The Court’s decision has eliminated a powerful defense to an FCA allegation for an innocent contractor who is attempting to comply with a complex or ambiguous statute. [read post]
20 Jun 2023, 6:07 am
[Eric’s note: this is the post you’ve been waiting for: Prof. [read post]
20 Jun 2023, 5:58 am
Thompson (1881), the Court used that power to hold for the first time that a congressional effort to compel testimony was invalid. [read post]
