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10 Dec 2019, 3:52 am by Edith Roberts
Jackson Masonry, LLC, and County of Maui, Hawaii v. [read post]
4 Dec 2019, 5:06 am by Bob Bauer
As the court stated repeatedly, it was adopting the same position as the district court in Committee on the Judiciary, United States House of Representatives Committee on Judiciary v. [read post]
28 Nov 2019, 9:05 pm by Alana Bevan
Last term, the Supreme Court voted 5-3 against reviving the nondelegation doctrine in Gundy v. [read post]
20 Nov 2019, 5:47 am by Chris Castle
  (But they tried–Line Item Veto Act ruled unconstitutional violation of presentment clause in Clinton v. [read post]
12 Nov 2019, 5:00 am by Jed Rubenfeld
“If there is one fixed star in our constitutional constellation,” as Justice Robert Jackson famously wrote, “it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion. [read post]
31 Oct 2019, 5:59 am by Jonathan Shaub
The last point is the result of three things:  Civil lawsuits largely take too long; the executive branch controls criminal enforcement mechanisms; and Congress itself lacks any real enforcement mechanism—short of reviving its long-dormant authority to arrest people, which itself would pose a number of legal and practical problems. [read post]
21 Oct 2019, 5:35 am by Benjamin Schwartz
Much has been written about the Trump administration’s broad understanding of the scope of executive power. [read post]
18 Oct 2019, 9:00 am by Albert Gidari
Jackson, 207 F.3d 910, 914–15 (7th Cir.), vacated on other grounds, 531 U.S. 953 (2000); United States v. [read post]