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27 Oct 2022, 9:50 am by Jonathan H. Adler
[An amicus brief by Professor Derek Muller suggests the justices need not confront the "Independent State Legislature" doctrine head on.] [read post]
30 Dec 2022, 3:22 pm by Jonathan H. Adler
[The EPA and Army Corps have finalized a revised definition of "waters of the United States," which defines the scope of federal regulatory jurisdiction under the Clean Water Act.] [read post]
19 Dec 2021, 5:19 pm by Jonathan H. Adler
[The Biden Administration is off to a fast start nominating and appointing federal judges, but will this continue?] [read post]
30 Aug 2024, 8:27 am by Jonathan H. Adler
[Conforming speech policies to the First Amendment would serve private universities well, legally and otherwise.] [read post]
21 Sep 2022, 10:53 am by Jonathan H. Adler
[Based upon Totenberg's new book, a prominent legal ethicist thinks the conflict was a real one.] [read post]
15 Dec 2023, 1:13 pm by Jonathan H. Adler
[Another climate change lawsuit filed on behalf of children, this time against the Environmental Protection Agency.] [read post]
20 Feb 2024, 7:15 am by Jonathan H. Adler
[The Court also rejects a late-filed amicus briefs from the American Bar Association, but accepts one from former FDA Commissioners.] [read post]
21 Feb 2023, 6:19 pm by Jonathan H. Adler
[A Ninth Circuit opinion concludes that when a federal agency seeks a voluntary remand of a contested rule, that is not enough to vacate the regulation. ] Among the Trump Administration's more controversial regulations was an Environmental Protection Agency rule that narrowed the ability of states to block projects by denying certification under Section 401 of the Clean Water Act. [read post]
20 Mar 2023, 8:52 am by Jonathan H. Adler
[A nominee's work defending a state parental-notification law in 2005 may be a stumbling block to his confirmation.] [read post]
18 Apr 2023, 2:46 pm by Jonathan H. Adler
[A local California ordinance prohibiting natural gas hookups in new construction conflicts with federal law according to a federal appellate court.] [read post]
23 Oct 2024, 7:42 pm by Jonathan H. Adler
The Ohio Solicitor General's office is a frequent litigant challenging federal agency action. [read post]
13 Dec 2023, 8:19 am by Jonathan H. Adler
[The Court granted two petitions for certiorari seeking review of a controversial lower court decision limiting federal approval of mifepristone.] [read post]
15 Jun 2018, 5:46 am by Jonathan H. Adler
In a prior post (and an amicus brief) I have explained why I think the Justice Department's partial embrace of the states' severability arguments is completely wrong-headed. [read post]
11 Jul 2018, 7:43 pm by Jonathan H. Adler
Justice Anthony Kennedy was the most speech-protective justice on the most speech-protective Supreme Court in our nation's history. [read post]
13 May 2022, 5:53 am by Jonathan H. Adler
[Trade restrictions and over-zealous FDA regulation are a big part of the problem, but there's more.] [read post]
30 Jun 2022, 9:25 am by Jonathan H. Adler
[Chief Justice Roberts final opinion of the term rejects the statutory challenge to the Biden Administration's rescission of the "Remain in Mexico" policy.] [read post]
12 Oct 2022, 10:27 am by Jonathan H. Adler
[As the election approaches, the President sharpens his criticism of the Supreme Court.] [read post]