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28 Jun 2018, 2:48 pm by Edith Roberts
” Chief Justice John Roberts notably relied on a similar approach in 2015, in King v. [read post]
28 Jun 2018, 8:00 am by Harold Hongju Koh
Roosevelt “did the same thing” by interning Japanese Americans during World War II. [read post]
27 Jun 2018, 2:04 pm by MOTP
This court generally does not consider arguments raised for the first time on appeal unless the party shows "extraordinary circumstances"—that "the issue . . . is a pure question of law and a miscarriage of justice would result from our failure to consider it. [read post]
26 Jun 2018, 3:32 pm by Peter Margulies
United States, the infamous decision upholding the conviction of a U.S. citizen who had failed to comply with a military evacuation order amid the internment of Japanese-Americans during World War II. [read post]
26 Jun 2018, 11:18 am by Hilary Hurd, Yishai Schwartz
In a 5-4 decision, with the majority opinion authored by Chief Justice John Roberts, the Supreme Court issued two core holdings: (a) that the latest ban does not exceed the president’s authority under the Immigration and Nationality Act (INA); and (b) that ban does not violate the Establishment Clause of the Constitution. [read post]
26 Jun 2018, 10:30 am by Marty Lederman
*Second, Gorsuch recognizes that "the fact that a third party has access to or possession of your papers and effects does not necessarily eliminate your interest in them. [read post]
26 Jun 2018, 9:50 am by Ilya Somin
Such excessive deference is no more justified today than during World War II. [read post]
22 Jun 2018, 11:47 am by Mark Walsh
In the VIP box, Jane Roberts, the wife of Chief Justice John Roberts, is here today. [read post]
22 Jun 2018, 11:05 am by Sabrina McCubbin
” Addressing the facts of this case, Chief Justice Roberts writes that CSLI does not “fit neatly under existing precedents,” and that it instead lies at the “intersection of two lines of cases”—the first line addressing geolocation, and the second addressing the third-party doctrine. [read post]
20 Jun 2018, 11:53 am by Philip Bobbitt
It is, as Chief Justice John Marshall observed of the commerce power in McCulloch v. [read post]
18 Jun 2018, 11:34 am by Robert Chesney
The case went before Judge John Bates, who granted the government’s motion to dismiss it. [read post]
18 Jun 2018, 4:00 am by Walter Dellinger
Richard Nixon was so named in the Watergate indictment, and that inclusion was sustained by Judge John Sirica and defended by the United States in United States v. [read post]
18 Jun 2018, 3:00 am by Broc Romanek
Then, I am in the midst of my own long-term succession planning as I train Liz about the facets of this job (John isn’t the heir apparent – he & I are the same age). [read post]
11 Jun 2018, 4:30 am by Quinta Jurecic
” But Trump is certainly right that the pardon power is as close to “absolute” as Article II allows. [read post]