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25 Jun 2015, 12:16 pm
Constraining Chevron to cases in which it would be reasonable to believe that Congress meant to delegate interpretive authority to the agency would be a good idea, but I am not sure there is enough in this decision to establish that principle, let alone to overturn Justice Scalia’s City of Arlington opinion, but we’ll have to see whether lower courts see it that way. [read post]
3 May 2019, 5:58 am
Although Professor McConnell is not on Twitter, he did send a response to Professor Chafetz, which I am posting with Professor McConnell's permission. 1. [read post]
30 Nov 2020, 5:08 pm
Tim Sandefur offers a contrary view, but I am not convinced by it. [read post]
19 Dec 2021, 5:19 pm
I am not so sure. [read post]
12 Sep 2021, 9:16 am
(Also, as with my analysis of the OSHA standard, I am focusing on the federal government's authority, and not on the extent to which there need to be medical or religious exemptions and other individual rights claims that might be made.) [read post]
5 Mar 2015, 11:10 am
I am inclined to think that he federal government has too much leverage over the states as a general matter, and would welcome greater judicial scrutiny of such inducements. [read post]
26 Feb 2023, 6:27 am
While I accept that the Vice President is, for some purposes, a part of the legislative branch, I am skeptical that his largely ceremonial role in the electoral count act is covered by the Speech or Debate Clause. [read post]
29 Nov 2019, 4:54 pm
Unlike Justice Alito, I am quite confident the speech at issue in this case should be entitled to First Amendment protection. [read post]
11 May 2023, 9:07 am
I am also inclined to think that Alito may have Brackeen. [read post]
28 Feb 2022, 9:21 am
I am still inclined to believe that the petitioners will prevail in this case, but there is some reason to believe this case will produce a narrower opinion than some had thought. [read post]
9 Jun 2014, 7:11 am
DISCLOSURE: As I’ve noted in prior posts on this case, I am a contributing editor at National Review Online, which means I have a fancier byline when I submit articles to them and occasionally contribute to The Corner and Bench Memos. [read post]
7 Apr 2020, 5:11 pm
I'm aware of no existing authority for the proposition that the clause vesting the executive power in the governor might include – as inherent in the notion of executive power – certain authority to act in an emergency, but I am also aware of no authority for the contrary position, and the argument is not an insubstantial one. [read post]
13 Dec 2019, 5:06 pm
The plaintiffs' other First Amendment claims, against the prohibition on making "modified risk" claims about e-cigarettes unless and until such products are approved as "modified risk tobacco products" by the FDA, were more serious, and I am not entirely convinced by the courts' dismissal of these claims. [read post]
20 Nov 2020, 2:54 pm
Although I am mindful of the free-speech concerns the majority expresses, I respectfully dissent from the decision to enjoin these laws. [read post]
30 Nov 2009, 9:21 am
Jonathan Hafetz explained that Shearman was doing work for the government of Kuwait. [read post]
8 Nov 2013, 6:00 am
I applaud Jonathan Martin's courage and maturity. [read post]
16 Dec 2006, 9:08 am
"I am going to defer answers about pain and suffering until the autopsy is complete," he said. [read post]
14 Apr 2010, 10:28 am
Possible fringe candidates would be Matt Pickens (Colorado Rapids) and maybe Jon Busch.Defenders (9): Jonathan Spector (West Ham), Steve Cherundolo (Hannover), Heath Pearce (FC Dallas), Jonathan Bornstein (Chivas USA), Jay DeMerit (Watford), Clarence Goodson (IK Start), Carlos Bocanegra (Stade Rennes), Oguchi Onyewu (AC Milan), Chad Marshall (Columbus Crew). [read post]
4 Sep 2008, 4:00 am
Al-Arian's current legal team of Jonathan Turley, William Olson, and Philip Meitl. [read post]
8 Feb 2024, 11:37 am
Justice Sotomayor (I am almost certain) referred to us as "some scholars. [read post]
