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24 Jun 2020, 9:26 am
The United States asserts that UNCLOS does not allow a coastal state like the PRC to use straight baselines around islands of an offshore archipelago; only archipelagic states such as the Philippines and Indonesia, which consist entirely of islands, can do so. [read post]
21 Jun 2020, 9:01 pm
” Ever since, the fictional Dooley has been a go-to source for the view that the Supreme Court does not stand wholly outside of politics. [read post]
21 Jun 2020, 6:15 am
El licenciado Bague señaló que la opinión disidente por separado, pero parecida a la de Alito, del juez Brett Kavanaugh debe ser porque quiere crear una voz que luego pueda ser citada o recordada. [read post]
19 Jun 2020, 8:25 pm
But, in a dissenting opinion, Justice Brett Kavanaugh argued that Gorsuch had conflated "ordinary meaning" and "literal meaning. [read post]
19 Jun 2020, 3:01 pm
The ruling does not preclude future executive branch attempts to end DACA. [read post]
19 Jun 2020, 10:32 am
” Text is paramount—“only the words on the page constitute the law”—and if those words lead to “unexpected consequences,” so be it.Settled practices matter not, nor does the “unanimous consensus” among the courts of appeals stretching across a half-century. [read post]
18 Jun 2020, 2:12 pm
Drafting a new rationale takes time, as does litigation about the new rationale, which would surely follow. [read post]
18 Jun 2020, 10:46 am
It does not prevent Trump or a future president from rescinding DACA in the future. [read post]
18 Jun 2020, 9:44 am
At the oral argument last November, the main issue before the Supreme Court wasn’t whether the Trump administration has the power to end DACA, because everyone agrees that it does. [read post]
18 Jun 2020, 4:00 am
” Adam Pankratz and Natalie Turner discuss the decision at Ogletree Deakins, as does Brett Milano at The Harvard Gazette. [read post]
17 Jun 2020, 11:36 am
The opinion was written by Justice Clarence Thomas and joined in full by Chief Justice John Roberts and by Justices Stephen Breyer, Samuel Alito, Neil Gorsuch and Brett Kavanaugh. [read post]
15 Jun 2020, 2:43 pm
Gorsuch also explains why sex discrimination is present here even if sex was not the sole factor in the employer's decision: Nor does it matter that, when an employer treats one employee worse because of that individual's sex, other factors may contribute to the decision. [read post]
15 Jun 2020, 11:15 am
Although federal taxation makes it onto the court’s main docket list, state taxation does not. [read post]
15 Jun 2020, 9:28 am
The district court agreed with the funeral home that Title VII does not protect transgender employees from discrimination, but the U.S. [read post]
15 Jun 2020, 5:00 am
Question: What does it mean to relist a case? [read post]
8 Jun 2020, 3:14 pm
John Polowczyk, vice director of logistics at the Joint Chiefs of Staff; and Brett Giroir, the assistant secretary of health and human services for health. [read post]
4 Jun 2020, 9:05 pm
Justices Brett Kavanaugh, Clarence Thomas, and Neil Gorsuch contended in a dissenting opinion that California needed to justify the difference between religious gatherings and essential services. [read post]
1 Jun 2020, 3:49 pm
Interestingly, the majority opinion does not refute this possibility. [read post]
1 Jun 2020, 3:31 pm
In a footnote, the majority recognized that the current case does not involve an alleged breach of the duty to provide plan information. [read post]
25 May 2020, 6:41 am
As Lady Brett acknowledges, there are things worse than murder, including, “trials, hanging, suspicion, miscarriage of justice”. [read post]
