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3 Mar 2020, 11:07 am by Amy Howe
Justice Brett Kavanaugh, who as a judge on the U.S. [read post]
2 Mar 2020, 9:01 pm by Rodger Citron
In Jeopardy format, here is the two-part answer to the question about the case to be discussed in this article:One, after then-Judge Brett Kavanaugh dissented on the issue currently before the Court when he was a member of the United State Court of Appeals for the D.C. [read post]
28 Feb 2020, 12:28 pm by Benjamin Wittes, Jacob Schulz
My interest in the Twitter reaction to me began shortly after Brett Kavanaugh was confirmed to the Supreme Court in 2018. [read post]
28 Feb 2020, 3:00 am by Jim Sedor
National/Federal ‘All Traitors Must Die’: Feds charge man for threatening whistleblower attorney Politico – Natasha Bertrand | Published: 2/20/2020 Federal prosecutors in Michigan charged a man with making a death threat against one of the attorneys for a whistleblower who initiated the impeachment inquiry of President Trump. [read post]
27 Feb 2020, 8:09 am by Margo Schlanger
The post Argument analysis: Does prejudice matter? [read post]
26 Feb 2020, 3:37 pm by Leah Litman
(Technically, both she and Justice Brett Kavanaugh issued an opinion from the December sitting on February 25.) [read post]
26 Feb 2020, 11:55 am by Amy Howe
Although the case does not directly implicate Roe, the justices’ ruling may signal what direction the Roberts Court is likely to take in future abortion cases. [read post]
26 Feb 2020, 8:25 am by Gabriel Chin
And whether it it’s ultimately used does not matter because the First Amendment does not require us to rely on the grace of the executive branch. [read post]
25 Feb 2020, 3:47 pm by Noah Sachs
American Trucking Associations, Justice Antonin Scalia noted that Congress “does not alter the fundamental details of a regulatory scheme in vague terms or ancillary provisions—it does not, one might say, hide elephants in mouseholes. [read post]
25 Feb 2020, 3:39 pm by Amy Howe
In a decision written by Justice Brett Kavanaugh, the court explained that McKinney’s argument that a jury, rather than a judge, should resentence him “does not square with” the Supreme Court’s 1990 decision in Clemons v. [read post]
25 Feb 2020, 6:20 am by Amy Howe
Defending the leadership structure, Clement stresses that although the Constitution does not address the issue of removal, it does give Congress “substantial discretion” to structure the executive branch. [read post]
25 Feb 2020, 4:02 am by Edith Roberts
” In an op-ed for the Chicago Daily Law Bulletin (subscription required), Daniel Cotter reviews Ruth Marcus’ recent book, “Supreme Ambition: Brett Kavanaugh and the Conservative Takeover. [read post]
21 Feb 2020, 6:55 pm by Jeff Richardson
In the latest episode of the Apps in Law podcast, Brett Burney interviews Kentucky attorney Stephen Embry to talk about the CES conference and consumer technology that is of interest to attorneys. [read post]
17 Feb 2020, 9:01 pm by Vikram David Amar
The reality is that Morrison, especially since Justice Brett Cavanaugh replaced Justice Anthony Kennedy, most likely does not command five votes at the Court today.All of this leads to the second transcendently important reality about so many of today’s most divisive opinions about President Trump, namely, that whether his invocation of powers that are ordinarily permissible for Presidents to exercise can become morally and even legally problematic because a… [read post]
17 Feb 2020, 1:27 pm by Ilya Somin
If that doesn't qualify as an unconstitutional excessive delegation, it is difficult to see what does. [read post]
13 Feb 2020, 2:32 pm by Deepak Gupta
Based on a recent gathering of court-watchers and advocates I attended this past weekend, I think it’s safe to say that the smart money is on the court’s ultimately reaching something akin to then-Judge Brett Kavanaugh’s position in the U.S. [read post]
12 Feb 2020, 8:55 am by Ilya Somin
The Constitution does not establish a set number of justices for the Supreme Court (or any court), and Congress can (and in the nineteenth century actually did) change their number at will. [read post]