Search for: "Barrett v. Failing"
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27 Jul 2023, 8:56 am
” That’s why it was so significant that Justice Barrett authored a concurrence in Biden v. [read post]
19 Jul 2023, 9:05 pm
Even in the face of a lengthy concurrence by Justice Amy Coney Barrett defending the major questions doctrine as consistent with precepts of textualism—one that seemingly failed to convince any of her colleagues—the most important opinion may have been Justice Kagan’s blistering dissent. [read post]
19 Jul 2023, 6:00 am
After NFIB v. [read post]
12 Jul 2023, 5:09 am
Think, perhaps, of the case of Obergefell v. [read post]
10 Jul 2023, 9:05 pm
And the Supreme Court’s recent opinion in National Pork Producers Council v. [read post]
8 Jul 2023, 8:32 am
I admit that I'm no expert in the doctrine in this area, though I do watch it out of the corner of my eye, and I can't recall reading a more ridiculous standing decision in the last 10 years or so than the one the Court endorsed in the 303 Creative v. [read post]
8 Jul 2023, 6:33 am
They failed to meet that burden, and they lost the case. [read post]
7 Jul 2023, 5:11 pm
They failed to meet that burden, and they lost the case. [read post]
6 Jul 2023, 11:00 am
Approximately 25 years later, in Grutter v. [read post]
5 Jul 2023, 10:12 am
Nebraska “hit the send button” on a gratuitous and ground-breaking application of MQD while failing to address the potential benefits of Justice Barrett’s alternative approach. [read post]
4 Jul 2023, 11:38 pm
See Whitman v. [read post]
4 Jul 2023, 9:54 pm
That background brings me to Justice Barrett's concurrence in Biden v. [read post]
3 Jul 2023, 5:28 am
This suggests that several justices are uncomfortable with Barrett’s argument that MQD fails as a substantive canon. [read post]
2 Jul 2023, 8:52 am
In a separate opinion, Justice Barrett offers a thoughtful explication of that doctrine. [read post]
30 Jun 2023, 4:31 pm
As many of you know, the Supreme Court just shot down the student-loan forgiveness plan in Biden v. [read post]
30 Jun 2023, 3:28 pm
Justice Brett Kavanaugh wrote a short statement that was joined by Justices Neil Gorsuch and Amy Coney Barrett. [read post]
30 Jun 2023, 9:41 am
" Kanter (Barrett, J., dissenting). [read post]
29 Jun 2023, 9:31 am
The majority effectively, though not explicitly, overruled its 2003 decision in Grutter v. [read post]
29 Jun 2023, 7:49 am
Respondents do not suggest that SFFA fails Hunt’s test for organizational standing. [read post]
29 Jun 2023, 7:49 am
Respondents do not suggest that SFFA fails Hunt’s test for organizational standing. [read post]
