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20 Nov 2020, 3:44 pm by Jonathan H. Adler
[The court improbably concludes that the execution protocol is illegal, but does not enjoin its use] On Tuesday, the U.S. [read post]
20 Nov 2020, 2:54 pm by Jonathan H. Adler
[A divided panel concludes that such ordinances run afoul of the First Amendment, creating a split with other circuits.] [read post]
20 Nov 2020, 1:49 pm by Jonathan H. Adler
[The well-respected appellate judge might be just the sort of Attorney General the nation needs.] [read post]
12 Nov 2020, 6:50 am by James Romoser
Here’s a round-up of Supreme Court-related news and commentary from around the web: Supreme Court Lies Low as Trump Keeps Pressing Election Claims (Greg Stohr, Bloomberg) The Supreme Court’s Pennsylvania Cleanup (Editorial Board, The Wall Street Journal) Key Justices Signal Support for Affordable Care Act (Adam Liptak, The New York Times) Supreme Court Justices Question GOP States’ Case Against ACA (Jess Bravin, The Wall Street Journal) Supreme Court Appears Likely To Uphold… [read post]
10 Nov 2020, 5:39 pm by Jonathan H. Adler
[As the Biden-Harris campaign transitions to the Biden-Harris transition, they announce who will help staff the administration.] [read post]
10 Nov 2020, 10:58 am by Ilya Somin
As co-blogger Jonathan Adler points out, Chief Justice John Roberts and Justice Brett Kavanaugh also expressed great skepticism about the plaintiffs' severability theory. [read post]
10 Nov 2020, 7:12 am by Jonathan H. Adler
[High points and low points of today's oral argument in the latest Affordable Care Act case.] [read post]
10 Nov 2020, 6:50 am by Neil Siegel
If people have it because they feel coerced even though they aren't, then standing is not the important constitutional principle that we thought it was, as Jonathan Adler ably explains. [read post]
10 Nov 2020, 6:35 am by James Romoser
Texas (Jonathan Adler, The Volokh Conspiracy) The Fallout of a SCOTUS Health-Care Decision Could Be Quick, Devastating, and Irreversible (Nicholas Bagley, The Atlantic) ObamaCare Returns to the Supremes (Editorial Board, The Wall Street Journal) The Affordable Care Act Challenge and the Senate Runoff Elections in Georgia (Michael Dorf, Verdict) Invalidate entire Affordable Care Act (Devin Watkins, USA Today) Obamacare faces Supreme Court remade by Trump (Susannah Luthi, Politico)… [read post]
9 Nov 2020, 7:20 pm by Jonathan H. Adler
[Some things to listen for when the Supreme Court hears oral argument in the latest Affordable Care Act case.] [read post]
9 Nov 2020, 12:22 pm by Jonathan H. Adler
[Conservative and libertarian lawyers will gather online, instead of at the Mayflower Hotel, to discuss "The Rule of Law and the Current Crisis. [read post]
6 Nov 2020, 3:50 am by Abbe Gluck
(Opponents make another argument, the fallacies of which Jonathan Adler and I explain hereand here, claiming that the 2010 Congress’s views override the 2017 Congress’s. [read post]
4 Nov 2020, 12:01 pm by Ilya Somin
In the meantime, those interested in these issues should consult co-blogger Jonathan Adler's excellent new book, Marijuana Federalism. [read post]
2 Nov 2020, 8:47 am by Jonathan H. Adler
[As is so often the case, Trump's claims are not matched by Trump's actual record.] [read post]