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29 Mar 2019, 1:49 pm by Jonathan H. Adler
The Trump Administration's embrace of an implausible legal theory has few defenders.On Monday, the Department of Justice informed the U.S. [read post]
25 Mar 2019, 6:48 pm by Jonathan H. Adler
The Trump Administration has decided that the Affordable Care Act should be voided in its entirety.Last year, the Department of Justice turned heads when it refused to defend the constitutionality of portions of the Affordable Care Act and argued that the courts should invalidate key portions of the law. [read post]
17 Mar 2019, 11:27 am by Jonathan H. Adler
Revisiting their debate on judicial protection of economic liberty.At the Federalist Society Student Symposium this weekend, Arizona State Supreme Court Justice Clint Bolick recalled the 1984 debate between then-judge Antonin Scalia and Professor Richard Epstein over whether the federal judiciary should take a more active role in protecting economic liberty. [read post]
17 Mar 2019, 10:58 am by Jonathan H. Adler
Recycling waste streams is supposed to be economical, but many jurisdictions are discovering that's not always so.The costs faced by many municipal recycling programs are skyrocketing, causing some cities to consider waste management alternatives, including burning recyclable wastes in incinerators. [read post]
4 Mar 2019, 3:22 pm by Jonathan H. Adler
In a dissenting opinion, Justice Gorsuch suggests it's a good thing when parties don't rely upon the Chevron doctrine.This morning, the Supreme Court released decisions in three cases. [read post]
26 Feb 2019, 5:46 am by Jonathan H. Adler
In a just-filed brief, the Trump Administration asks Supreme Court to reduce the degree of deference government agencies receive.Auer deference (also known as Seminole Rock deference) is one of the more controversial doctrines in adminsitrative law. [read post]
19 Feb 2019, 8:03 am by Jonathan H. Adler
The EPA and Supreme Court set the stage for important legal decisions on the scope of the Clean Water Act.Last week, the Environmental Protection Agency (EPA) published its proposed rule to redefine the meaning of "waters of the United States" (WOTUS) under the Clean Water Act in the Federal Register. [read post]
5 Feb 2019, 4:20 am by Jonathan H. Adler
Senate Democrats and progressive groups launch unfounded attacks against a judicial nominee.This morning, the Senate Judiciary Committee is scheduled to hold a hearing on the nomination of Neomi Rao to the U.S. [read post]
15 Jan 2019, 7:55 am by Jonathan H. Adler
A 5-4 decision, but not along the lines we usually expect.The Supreme Court has issued seven signed opinions in argued cases thus far this term. [read post]
8 Jan 2019, 8:25 am by Jonathan H. Adler
A unanimous opinion in favor of arbitration.Today the Supreme Court issued two opinions, one of which was the first opinion in an argued case written by Justice Brett Kavanaugh. [read post]
8 Jan 2019, 8:00 am by Jonathan H. Adler
The loss of a great economist and important property rights theorist.Noted economist Harold Demsetz has passed. [read post]
31 Dec 2018, 9:37 am by Jonathan H. Adler
In the midst of the holidays, Judge O'Connor paves the way for an appeal of his decision concluding all of the ACA is unlawful, while further demonstrating the weakness of his initial decision.On Sunday evening, Judge Reed O'Connor of the U.S. [read post]