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6 Jul 2018, 8:52 am by Edward Foley
” The need to protect state sovereignty from unduly expansive pre-emption, he continued, “is the same regardless of the power Congress invokes, whether it is, say, the commerce clause, the war power, the bankruptcy power, or the power to regulate federal elections under Article I, § 4. [read post]
13 Jan 2015, 2:04 pm by Ryan Goellner
However, Justice Alito authored a strenuous dissent from the denial of certiorari, stating that he would have reviewed and reversed the Sixth Circuit’s decision as being “so far departed from the accepted and usual course of judicial proceedings . . . as to call for an exercise of this Court’s supervisory power” under Supreme Court Rule 10(a). [read post]
19 Jan 2017, 1:23 pm by Barbara S. Mishkin
Mishkin According to a Law360 report, the D.C. federal district court has denied the request of the plaintiffs in State National Bank of Big Spring, Texas, et al. v. [read post]
19 Jun 2019, 3:02 am by Walter Olson
” And yet he and Ginsburg were the only dissenters from the Supreme Court’s 7-2 decision Monday in Gamble v. [read post]
26 Feb 2014, 12:36 pm by Todd Rodriguez
The recent federal antitrust case of Federal Trade Commission and State of Idaho, Plaintiffs, v. [read post]
17 Jan 2012, 5:25 am by David Hart QC
The judge then cited a helpful passage from Carnwath LJ in R(Shrewsbury and Atcham Borough Council v Secretary of State for Communities and Local Government: 32. [read post]