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2 Nov 2021, 1:41 pm
For background on the case and a summary of the parties’ arguments, check out Amy Howe’s preview for SCOTUSblog. [read post]
Why Carefully Designed Public Vaccination Mandates Can—and Should—Withstand Constitutional Challenge
12 Aug 2021, 5:01 am
The Second Circuit affirmed the district court’s dismissal of all claims. [read post]
6 Aug 2021, 8:43 am
Such an interpretation was found to cut across the purpose of a liquidated damages clause rendering it of little value; it “threw out the baby with the bathwater”. [read post]
29 Jun 2021, 7:02 am
In reaching its decision, the Court rejected Government’s argument that Van Buren’s reading renders the word “so” superfluous, with the word only having value if it incorporates all of the circumstances that might qualify a person’s right to obtain information. [read post]
Justices argue over text (and ceviche) in ruling that Alaska Native corporations are “Indian tribes”
27 Jun 2021, 6:41 pm
Chief Justice John Roberts and Justices Stephen Breyer, Brett Kavanaugh, and Amy Coney Barrett joined all of Sotomayor’s opinion, while Justice Samuel Alito joined most of it. [read post]
24 Jun 2021, 11:58 am
With regard to the constitutional violation, Roberts (joined by Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett) noted that the starting point for each party’s analysis was Edmond v. [read post]
21 Jun 2021, 12:07 pm
He was joined in that holding by Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. [read post]
19 Jun 2021, 8:56 am
They argued that with the individual mandate penalty set to zero, the law’s provision requiring minimum essential insurance coverage was rendered unconstitutional because neither the Commerce Clause nor the Tax Clause in the Constitution gives Congress the power to enact it. [read post]
18 Jun 2021, 1:20 pm
” One wonders if Justice Amy Coney Barrett, another member of the Tandon majority, might also be concerned about the complications of the broad most-favored-nation rule announced in that “shadow docket” case — a case in which the justices did not have the benefit of full briefing or oral argument. [read post]
17 Jun 2021, 8:51 am
The justices did not reach the main issue in the case: whether the entirety of the ACA was rendered unconstitutional when Congress eliminated the penalty for failing to obtain health insurance. [read post]
11 Jun 2021, 10:20 am
“They were essentially doing an information blackout on the whole facility and rendering it a kind of black site,” said Godoy. [read post]
11 Jun 2021, 9:53 am
Writing for the majority, Justice Amy Coney Barrett correctly, in our view, struck down the “broad” view of the CFAA in a 6-3 vote. [read post]
10 Jun 2021, 1:38 pm
Our attorneys, Patrick Regan, Amy Griggs, and Chris Regan, resolved the settlement on July 30th, 2019. [read post]
3 Jun 2021, 2:01 pm
Justice Amy Coney Barrett’s opinion for a majority 0f six firmly rejected the broad reading of that statute that the Department of Justice has pressed in recent years. [read post]
9 May 2021, 3:45 am
Amy Klobuchar (D-Minn.) [read post]
22 Apr 2021, 10:46 am
She contended that the government’s interpretation would render superfluous the words “being in” in Section 1254a(f)(4). [read post]
20 Apr 2021, 8:43 am
The Treasury Department and an association of Alaska Native village corporations argue that the corporations’ explicit inclusion in ISDA’s definition renders them “tribes. [read post]
15 Apr 2021, 2:02 pm
Some, like Timothy Berners-Lee, “the British computer scientist known as the inventor of the World Wide Web, say[…] Australian plans to make digital giants pay for journalism could set a precedent that renders the Internet as we know it unworkable. [read post]
9 Apr 2021, 3:19 pm
Justice Clarence Thomas delivered the opinion of the Court, which was joined by Justices Stephen Breyer, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. [read post]
24 Mar 2021, 9:07 pm
New York argued that this fact rendered an emergency order from the Court unnecessary. [read post]