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17 Sep 2021, 4:00 am by Jim Sedor
National/Federal Delta Variant Postpones K Street’s Full Return MSN – Kate Ackley (Roll Call) | Published: 9/14/2021 On the cusp of Memorial Day back in May, most lobbyists were gearing up for a more normal return to their in-person work life, as they began to reemerge for meetings on Capitol Hill and sessions with clients and colleagues. [read post]
15 Sep 2021, 12:16 pm by Howard Wasserman
The piece I find interesting begins around p. 24, in which DOJ argues, in essence, that § 1983 and Ex parte Young preempt a law such as this. [read post]
12 Sep 2021, 9:07 am by Howard Wasserman
In recognizing the possibility of offensive actions, Ex parte Young stated that the power to enjoin executive officials "does not include the power to restrain a court from acting in any case brought before it, either of a civil or criminal nature. [read post]
10 Sep 2021, 10:18 pm by Josh Blackman
" Much of the analysis focuses on why Ex Parte Young excludes judges from the scope of relief. [read post]
10 Sep 2021, 6:57 pm by Howard Wasserman
The court of appeals had jurisdiction under the collateral order doctrine over the state officials' claims because all were denied 11th Amendment immunity when the district court found that Ex Parte Young claims could proceed against them despite their not being proper defendants. [read post]
10 Sep 2021, 5:16 pm by Josh Blackman
The defendant officials thus lack any "enforcement connection" to S.B. 8 and are not amenable to suit under Ex parte Young, 209 U.S. 123 (1908). [read post]
9 Sep 2021, 9:42 pm by Mark Tushnet
To vacate the court of appeals' order the Court would have "resolve" (in the sense I've specified) a pretty tricky question about whether Ex parte Young might end up being extended to cover the bounty-hunters. [read post]
9 Sep 2021, 6:35 pm by Howard Bashman
“A Modest Proposal: Extend Ex Parte Young to Cover the Likes of Texas Bounty Hunters”: Michael C. [read post]
9 Sep 2021, 3:09 pm by Will Baude
That means Ex Parte Young and its limitations are irrelevant. [read post]
2 Sep 2021, 10:53 am by Priscilla Smith
., Ex Parte Young, that has ensured that individuals can vindicate their constitutionally guaranteed rights in federal court. [read post]
1 Sep 2021, 10:18 pm by Josh Blackman
These questions are particularly difficult, including for example whether the exception to sovereign immunity recognized in Ex parte Young, 209 U. [read post]
1 Sep 2021, 12:28 pm by Mary Ziegler
Under Ex parte Young, plaintiffs can seek injunctions against officials who are responsible for enforcing potentially unconstitutional laws, but Texas is doing its best to argue that there is no one to sue. [read post]
30 Aug 2021, 4:00 am by Howard Friedman
”The court held first that insofar as plaintiff was asserting state law claims against state officials, these are barred by the 11th Amendment because Ex parte Young only creates an exception for federal constitutional claims. [read post]
22 Aug 2021, 7:07 am by Florian Mueller
"My translation:"Is an infringement action [i.e., one in which the challenged patent is asserted] pending, the preliminary opinion should also be transmitted ex officio to the infringement court. [read post]
13 Aug 2021, 4:55 am by Howard Wasserman
(By resolving on standing, the court does not reach the "wrong-defendant" argument that Ex Parte Young does not overcome sovereign immunity). [read post]
12 Aug 2021, 6:30 am by Guest Blogger
Fearful of an activist and conservative judiciary emboldened by Lochner and Ex parte Young, progressive reformers turned to any tools they could use to block aggressive federal courts. [read post]
11 Aug 2021, 9:30 pm by ernst
Congress created the court in 1910 as a response to the canonical decision of Ex parte Young two years earlier, which permitted federal court suits against state officials to facilitate constitutional challenges to state laws. [read post]