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13 Oct 2023, 12:12 pm by Guest Author
Writing for SCOTUSblog this week, John Elwood highlighted a fascinating piece of news in another Chevron case that could impact Loper Bright: The Court moved up its consideration of Relentless, Inc. v. [read post]
12 Oct 2023, 6:30 am by Guest Blogger
WinterIn Constitutional Essentials, Frank Michelman examines the conditions that would fulfill John Rawls’s liberal principle of legitimacy. [read post]
10 Oct 2023, 9:01 pm by renholding
Does the group guidance inappropriately downplay the importance of an “agreement” in group formation? [read post]
10 Oct 2023, 9:29 am by Eugene Volokh
That a defined term is used under a section heading does not change the meaning of the defined term. [read post]
9 Oct 2023, 9:05 pm by renholding
Matsusaka, John G. and Chong Shu, “Does Proxy Advice Allow Funds to Cast Informed Votes? [read post]
6 Oct 2023, 2:19 pm by John Ross
Among other things, the Idaho law does not prohibit abortions that are necessary to save the life of the mother, and EMTALA expressly requires that doctors stabilize both the mother and the unborn child when possible. [read post]
5 Oct 2023, 6:30 am by Guest Blogger
However, this does not imply a lack of judicial review. [read post]
3 Oct 2023, 2:33 pm by Amy Howe
Chief Justice John Roberts was unconvinced, telling Prelogar that she was taking a “very aggressive view” of Congress’s authority that, at the same time, also gives Congress more power to give away. [read post]
3 Oct 2023, 9:57 am
Recognizing that corporate actors exercise power and must act within the rule of law does not mean such actors may completely supplant the state. [read post]
11 Sep 2023, 7:42 am
 Pix credit hereEverybody rambles.And everybody loses their train of thought.And people with authority are managed.And the performance of discourse has assumed a prominence that now infects deliberative decision making. [read post]
11 Sep 2023, 4:00 am by Eric Segall
During that WSJ interview, the issue of Congress's power to require the Court to adopt a binding ethics code came up and Alito said the following: “[n]o provision in the Constitution gives [Congress] the authority to regulate the Supreme Court—period. [read post]
7 Sep 2023, 5:17 am by Eugene Volokh
The Court emphasized that the fact that the organization's intent was "to exercise a coercive impact on [the broker] does not remove" the First Amendment's protections. [read post]
6 Sep 2023, 2:35 pm by Ben Sperry
Ohio Elections Comm’n); and anonymously sign people up for petitions (1999’s Buckley v. [read post]