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26 Sep 2019, 5:29 am by Jonathan H. Adler
[A former Scalia clerk revisits Justice Scalia's famed lecture on legal canards and offers a defense of textualism.] [read post]
17 Sep 2019, 7:58 pm by Jonathan H. Adler
[In a newly filed brief with the Supreme Court, the Justice Department claims the Consumer Financial Protection Board's structure is unlawful.] [read post]
13 Sep 2019, 7:25 am by Bridget Crawford
Johnson ProfMEJohnson1 Baltimore Clinical Teaching     Robert Knowles ProfKnowles Baltimore Civil Procedure National Security Law   Colin Starger ColinStarger Baltimore       Nadia Ahmad nadiabahmad Barry Property Environmental Law Corporate Law Loren Mulraine LorenMulraine Belmont Entertainment Law Media Law Intellectual property Jeffrey Usman Prawfish Belmont       Máiréad  Enright marieadenright Birmingham (UK) Law & Religion… [read post]
10 Sep 2019, 4:58 am by Jonathan H. Adler
[The Notorious RBG counsels against ideological litmus tests for judicial nominees.] [read post]
28 Aug 2019, 5:34 am by Jonathan H. Adler
[Government officials fail to follow Supreme Court decisions at their own risk.] [read post]
23 Aug 2019, 11:53 am by Jonathan H. Adler
[As we await the Trump Administration to finalize a new definition of "waters of the United States," federal courts continue to reject the Obama Administration's effort] On Wednesday, a federal district court in Georgia concluded held that the Obama Administration's attempt to define "waters of the United States" under the Clean Water Act (CWA), through the so-called "WOTUS" rule, was substantively and procedurally invalid. [read post]
5 Aug 2019, 1:39 pm by Jonathan H. Adler
[Tools exist to modify the incentives for legislative action, and Congress could deploy some of those tools itself to encourage more regular reauthorization and modernization of federal regulatory programs.] [read post]
1 Aug 2019, 11:05 am by Jonathan H. Adler
[Will the courts ever be willing to curb excessive delegation? [read post]
28 Jul 2019, 2:10 pm by Jonathan H. Adler
[Sometimes it is not the breadth of legislative delegation that is a problem, so much as it is the age (and potential obsolescence) of such delegation, and that's something Congress should learn to address.] [read post]
25 Jul 2019, 8:28 am by Jonathan H. Adler
[In recent interview, Justice Ginsburg says it would be a bad idea to increase the number of justices] Some progressive pundits and policymakers have embraced the idea of increasing the number of Supreme Court justices in order to offset the confirmation of Justices Neil Gorsuch and Brett Kavanaugh and enshrine a liberal majority on the Court. [read post]
8 Jul 2019, 8:09 pm by Jonathan H. Adler
[A quick round up and response to Josh Blackman and Randy Barnett] Tomorrow at 1pm Central (2pm Eastern), the U.S. [read post]
27 Jun 2019, 2:49 pm by Jon Levitan
Additional commentary comes from Walter Olson for Cato; Howard Wasserman for PrawfsBlawg; Jonathan H. [read post]
27 Jun 2019, 2:49 pm by Jon Levitan
Early commentary comes from Rick Hasen for Slate; Jessica Levinson for NBC News; Leah Litman for The Los Angeles Times; Garrett Epps for The Atlantic; Ruthann Robson for Constitutional Law Prof Blog; David French for the National Review; Jonathan H. [read post]
26 Jun 2019, 12:50 pm by Jonathan H. Adler
On the penultimate day of the October 2018 term, the Supreme Court issued three opinions. [read post]
24 Jun 2019, 8:34 am by Jonathan H. Adler
The Supreme Court issued four more opinions this morning as it nears the end of the term. [read post]