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4 Jul 2023, 9:01 pm by Michael C. Dorf
Justice Neil Gorsuch wrote for the conservative super-majority in 303 Creative LLC v. [read post]
3 Jul 2023, 4:00 am by Eric Segall
And given how much the Court left open, it appears the conservatives mostly wanted to just score culture war points rather than set forth meaningful rules or standards for lower court judges to apply in future cases.Many commentators, including Mike, thought the country escaped a major blow in Moore v. [read post]
2 Jul 2023, 1:53 pm by Josh Blackman
There were several significant decisions to the left: Moore, Texas, Brackeen, and Milligan. [read post]
2 Jul 2023, 1:01 pm by Dennis Crouch
” And, in one of the Federal Circuit’s most high-profile venue mandamus grants, In re Apple, Judge Moore castigated the majority on the ground that “[n]either [the Federal Circuit] nor the Fifth Circuit has held that an accused infringer’s general presence in a district is irrelevant” to the transfer analysis. [read post]
29 Jun 2023, 4:19 pm by Ned Foley
I offer a couple of quick additional points: First, my characterization of how the majority of SCOTUS perceives what the Pennsylvania Supreme Court did in 2020 (in… Continue reading The post A brief follow-up on Moore v. [read post]
28 Jun 2023, 5:51 pm by Rick Hasen
(This is the first in a series of posts I plan to write about the implications of the last part of the majority opinion in Moore v. [read post]
27 Jun 2023, 5:42 pm by Rick Hasen
In today’s Moore decision, Justices Thomas and Gorsuch rejected the majority approach to the independent state legislature theory, believing instead that state legislatures have almost plenary power and cannot be limited even by state courts applying state constitutions. [read post]
27 Jun 2023, 5:41 pm by Tom Smith
“There is every reason for the Court to resolve the pivotal constitutional question of realization now, when its judgment can inform lawmakers and stands to head off a major constitutional clash down the line,” the couple told the justices.In a Wall Street Journal op-ed published in 2021, two of the Moores’ lawyers also declared unambiguously that the lawsuit “stands to slam shut the door on a federal wealth tax like the one Sen. [read post]