Search for: "Barrett v. Failing"
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17 Oct 2023, 5:51 am
State v. [read post]
3 Oct 2023, 5:25 pm
United States v. [read post]
18 Sep 2023, 10:59 pm
In so doing, Judge Kethledge relied heavily on an en-banc dissent written by then-Judge Barrett in United States v. [read post]
13 Sep 2023, 6:30 am
Nor does the “engage” prong extend to inaction—for example, failing to take action with regard to an insurrection or rebellion.Part V considers another threshold question: was Trump ever subject to Section 3? [read post]
11 Sep 2023, 10:24 pm
Part V considers another threshold question: was Trump ever subject to Section 3? [read post]
11 Sep 2023, 3:00 pm
” Even Justice Barrett, who sees the major questions doctrine as an ambiguity canon rather than a clear statement rule, focuses not on Congress but the Executive when applying it in her Biden v. [read post]
8 Aug 2023, 6:00 am
Influencers like Isabella Barrett, 15, are worth millions for “livin the life girl! [read post]
7 Aug 2023, 5:01 am
Barr (7th Cir. 2019) (Barrett, J., dissenting). [read post]
1 Aug 2023, 8:22 pm
I have now had a chance to read the entire 45-page indictment in United States v. [read post]
31 Jul 2023, 4:47 pm
He deliberately failed to engage with standards of scrutiny in this case. [read post]
27 Jul 2023, 8:56 am
” That’s why it was so significant that Justice Barrett authored a concurrence in Biden v. [read post]
19 Jul 2023, 9:05 pm
Even in the face of a lengthy concurrence by Justice Amy Coney Barrett defending the major questions doctrine as consistent with precepts of textualism—one that seemingly failed to convince any of her colleagues—the most important opinion may have been Justice Kagan’s blistering dissent. [read post]
19 Jul 2023, 6:00 am
After NFIB v. [read post]
12 Jul 2023, 5:09 am
Think, perhaps, of the case of Obergefell v. [read post]
10 Jul 2023, 9:05 pm
And the Supreme Court’s recent opinion in National Pork Producers Council v. [read post]
8 Jul 2023, 8:32 am
I admit that I'm no expert in the doctrine in this area, though I do watch it out of the corner of my eye, and I can't recall reading a more ridiculous standing decision in the last 10 years or so than the one the Court endorsed in the 303 Creative v. [read post]
8 Jul 2023, 6:33 am
They failed to meet that burden, and they lost the case. [read post]
7 Jul 2023, 5:11 pm
They failed to meet that burden, and they lost the case. [read post]
6 Jul 2023, 11:00 am
Approximately 25 years later, in Grutter v. [read post]
5 Jul 2023, 10:12 am
Nebraska “hit the send button” on a gratuitous and ground-breaking application of MQD while failing to address the potential benefits of Justice Barrett’s alternative approach. [read post]