Search for: "Matter of Kagan"
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6 Oct 2023, 4:30 am
" Or, as Justice Kagan has put it, a robust non-delegation doctrine would make "most of Government unconstitutional—dependent as Congress is on the need to give discretion to executive officials to implement its programs. [read post]
5 Oct 2023, 8:09 am
If the Supreme Court affirms the Fifth Circuit, that would conclusively resolve the matter in the Chamber’s favor. [read post]
4 Oct 2023, 1:35 pm
” But Kagan, among others, was dubious. [read post]
3 Oct 2023, 2:33 pm
Prelogar refused to concede that it matters whether there is another agency with an identical funding structure. [read post]
27 Sep 2023, 9:01 pm
The July 5 New Mexico Supreme Court ruling directed the state district (trial) court to “resolve this matter” by October 1, 2023, which is just days away. [read post]
18 Sep 2023, 9:01 pm
Justice Barrett, by contrast, argues—consistent with a number of recent Supreme Court cases, including the BMS case noted earlier—that state boundaries matter when evaluating personal jurisdiction. [read post]
5 Sep 2023, 9:05 pm
During my recent visit to Columbia Law School, Professor John Coffee shared with me a draft of a short article that later appeared in the New York Law Journal.[1] Coffee’s article assessed the prospects in the U.S. [read post]
23 Aug 2023, 4:00 am
I think it is fair to say (hopefully without too much of a humble brag) that I am much better known today in legal and non-legal circles than I was back then.So I hung up the phone and this was what went through my mind: an article in SLATE probably would not matter much on the issue (a non-party did make a formal motion for Kagan to recuse). [read post]
15 Aug 2023, 9:01 pm
” In that sense, the Constitution calls for the creation of a Supreme Court, but it is up to Congress to decide on key details, including such matters as its budget for security, air conditioning, and law clerks, as well as such fundamental issues as how many Justices there will be on the Court.Up until 1869, Congress frequently exercised its power to expand (and in one instance shrink) the size of the Supreme Court. [read post]
12 Aug 2023, 10:30 am
Although Congress may act to strip federal court jurisdiction, that is not the last word on the matter. [read post]
11 Aug 2023, 7:00 am
” Citing Bush, Roberts acknowledged that, while federal courts should defer to state courts on matters of state constitutional interpretation, there are “outer bounds” when federal courts may need to police such rulings when they implicate the Elections Clause. [read post]
11 Aug 2023, 4:00 am
Kagan provided fresh insight into the struggle to craft a policy distinct from the ethics code that applies to other federal judges. [read post]
9 Aug 2023, 1:30 am
The scathing dissent by Justice Kagan highlights the contentious nature of this decision, and its potential impact on both copyright holders and artists trying to take inspiration of other works. [read post]
9 Aug 2023, 1:30 am
The scathing dissent by Justice Kagan highlights the contentious nature of this decision, and its potential impact on both copyright holders and artists trying to take inspiration of other works. [read post]
8 Aug 2023, 2:01 pm
I was discussing the specifics of Florida state law — not what federal law (or, for that matter, any other state’s law) requires or permits. [read post]
3 Aug 2023, 1:03 pm
If there’s enough change, it doesn’t matter if it’s commercial. [read post]
31 Jul 2023, 4:47 pm
Gorsuch J largely considered statutory matters in his concurrence; but, when he turned to constitutional considerations, he noted that the Court’s opinion requires that “strict scrutiny’s demanding standards” have to be met (slip op, at 22). [read post]
31 Jul 2023, 11:50 am
But so long as we avoid 5-4 conservative-liberal splits, he is happy, no matter what the opinion says. [read post]
23 Jul 2023, 9:04 pm
Understanding the scope and application of this doctrine is a matter of pressing importance. [read post]
19 Jul 2023, 9:05 pm
But, as Justice Kagan responded, “justices throughout history have raised the alarm when the Court has overreached. [read post]
