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28 Sep 2023, 4:00 am by Anil Kalhan
Ultimately, of course, the Supreme Court vacated the Trump administration’s rescission of DACA in 2020 when—by a 5-4 margin, with Chief Justice John Roberts writing for the majority—it decided Department of Homeland Security v. [read post]
26 Sep 2011, 9:14 am by Jon Sands
O'Scannlain worries that a state could not appeal an erroneous order that stops short of ordering release.U.S. v. [read post]
16 Mar 2020, 9:01 pm by Leslie C. Griffin
Post-Smith, moreover, Congress and many state legislatures granted legislative exemptions to religions through their federal and state Religious Freedom Restoration Acts (RFRAs).It was the federal RFRA, not the Free Exercise Clause, that granted employers the right to refuse contraceptive insurance to their employees in Burwell v. [read post]
16 Feb 2023, 8:55 am by Lawrence Solum
  Here is the abstract: In the 1987 decision, McCleskey v. [read post]
20 Oct 2015, 3:59 pm by Danielle Wild
  Failure to do so is unconstitutional and requires reversal of the conviction (id.).Five days ago, the Appellate Division, First Department, held that the rule of law announced in Catu applies retroactively to pre-Catu convictions (People v Smith, __ NYS3d __, 2015 NY Slip Op 07565 [Oct. 15, 2015]). [read post]
24 Nov 2023, 7:38 am by CMS
In this post, Pippa Borton, Associate at CMS, previews the decision awaited from the Supreme Court in Kireeva v Bedzhamov. [read post]
6 Oct 2021, 9:15 am by Matthew Schutte
The U.S. government sought certiorari to challenge the remand, and after its decision in United States v. [read post]