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5 Mar 2024, 6:46 pm by Gene Takagi
Supreme Court struck down the schools’ race-conscious admissions policies as unconstitutional, reasoning that the policies failed to pass strict scrutiny because they were not narrowly tailored toa compelling government interest Section 1981 bars racial discrimination in contracting; Fearless Fund case is going to be decided on its merits by the 11th Circuit Is the contest a contract, making 1981 applicable? [read post]
5 Mar 2024, 2:26 pm by Race to the Bottom
Id.Despite spot bitcoin ETFs’ long-term unknowns, the SEC’s decision made tidal waves on the first day of the launch. [read post]
5 Mar 2024, 11:47 am by Kurt R. Karst
In another case, the Southern District Court of Ohio denied a motion for preliminary injunction, but a decision on the merits is still pending. [read post]
5 Mar 2024, 8:45 am by DONALD SCARINCI
Accordingly, the Court’s decision should shed light on how the justices view the merits of the case. [read post]
5 Mar 2024, 8:26 am by Lawrence Moore
That’s not a damages issue; that’s a merits issue. [read post]
5 Mar 2024, 8:13 am by Marty Lederman
 I find the Court’s rationale to be unconvincing in two principal respects:  First, as I discuss in Points 5 and 6 below, I think some of the Court’s premises—about what Colorado was doing here, and about states’ authority to decide how to select presidential electors—are erroneous. [read post]
5 Mar 2024, 5:01 am by Eugene Volokh
[But] we conclude that Cusi met his burden to show minimal merit on the element of actual malice even on Gibson's first post. [read post]
5 Mar 2024, 2:00 am by David Oscar Markus
Either way, the merits of these views will be decided in the clanging marketplace of ideas rather than a codebook or a courtroom. [read post]
4 Mar 2024, 9:01 pm by Austin Sarat
As they explained, “False convictions, by definition, are unobserved when they occur: If we know that a defendant is innocent, he is not convicted in the first place. [read post]
4 Mar 2024, 5:56 pm
This is a 53-page decision that considered first issues of standing and then "the Government’s proffered justifications for the CTA’s constitutionality—that the CTA falls within the ambit of the Commerce, Taxing, and Necessary and Proper Clauses, along with Congress’ foreign affairs and national security powers. [read post]
4 Mar 2024, 4:04 pm by Eugene Volokh
Such virtues as merit, excellence, hard work, fairness, neutrality, objectivity, and racial colorblindness are racist or sexist, or were created by members of a particular race, color, sex, or national origin to oppress members of another race, color, sex, or national origin. [read post]
4 Mar 2024, 12:47 pm
The court otherwise affirmed, holding(1) that the Colorado Election Code permitted the respond-ents’ challenge based on Section 3; (2) that Congress neednot pass implementing legislation for disqualifications un-der Section 3 to attach; (3) that the political question doc-trine did not preclude judicial review of former PresidentTrump’s eligibility; (4) that the District Court did not abuseits discretion in admitting into evidence portions of a con-gressional Report on the events of… [read post]
4 Mar 2024, 12:16 pm by Shane McCall
The post Why File: A NAICS Code Appeal first appeared on SmallGovCon - Government Contracts Law Blog. [read post]
4 Mar 2024, 9:09 am by Amy Howe
  The post Supreme Court rules states cannot remove Trump from ballot for insurrection appeared first on SCOTUSblog. [read post]
4 Mar 2024, 7:45 am by Eugene Volokh
But Justice Thomas, joined by Justice Alito, would have agreed to hear the case on the merits; here is his reasoning: Speech First, a national membership organization seeking to protect free speech on college campuses, brought suit against Virginia Tech to enjoin the university's "bias intervention and response team policy. [read post]
4 Mar 2024, 6:00 am by Public Employment Law Press
Green, 411 U.S. 792," Plaintiff must first establish a prima facie case of Title VII discrimination'by showing that:"(1) she is a member of a protected class;"(2) she is qualified for her position;"(3) she suffered an adverse employment action; and"(4) the circumstances give rise to an inference of discrimination. [read post]