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25 Jun 2020, 7:00 am by Guest Blogger
” Such decisions first entered public view in 1975, when a FOIA suit (brought, as it happens, by John Lennon) showed that the government had long designated many noncitizens as “nonpriority”—a “euphemism for an administrative stay of deportation. [read post]
25 Jun 2020, 4:00 am by Deanne Sowter
She must be civil with everyone, and approach the law in good faith (R 3.2-1, R 5.1-5 and R 7.2-1). [read post]
24 Jun 2020, 7:01 pm by Eugene Volokh
Judge Adelman's article begins: "By now it is a truism that Chief Justice John Roberts' statement to the Senate Judiciary Committee that a Supreme Court justice's role is the passive one of a neutral baseball 'umpire who [merely] calls the balls and strikes,' was a masterpiece of disingenuousness. [read post]
24 Jun 2020, 9:48 am by Sean Mirski, Shira Anderson
” Claims: Plaintiffs claim that the defendants (1) were negligent, (2) negligently inflicted emotional distress, (3) intentionally inflicted emotional distress, (4) conducted an ultrahazardous activity, (5) committed toxic battery/civil assault, (6) caused wrongful death and (7) were grossly negligent. [read post]
23 Jun 2020, 11:28 am by Katie Cassidy Tranter
Supreme Court ruled in a 5-4 decision that the Administration’s attempt to dismantle the DACA program was unlawful. [read post]
23 Jun 2020, 7:30 am by Ilya Somin
Parker (1954), a closely divided 5-4 majority ruled that virtually any potential benefit to the public qualifies as a "public use. [read post]
21 Jun 2020, 9:02 pm by Joanna L. Grossman and Deborah L. Brake
Indeed, what most commentators expected to fracture the justices in a 5-4 split along ideological lines, with a narrow victory for the conservative justices, was in fact a 6-3 decision with both Justice Gorsuch and Chief Justice John Roberts in the majority. [read post]
21 Jun 2020, 9:01 pm by Michael C. Dorf
The DACA decision was written by Chief Justice John Roberts, an appointee of former President George W. [read post]
20 Jun 2020, 10:07 am by Eugene Volokh
Bolton: {Defendant [former National Security Advisor John] Bolton has gambled with the national security of the United States. [read post]
19 Jun 2020, 9:46 am by Richard Altieri, Benjamin Della Rocca
While meetings on May 22 and May 23 produced no results, diplomatic talks on June 5 and military talks on June 6 yielded an agreement “to peacefully resolve the situation in the border areas in accordance with various bilateral agreements and keeping in view the agreement between the leaders that peace and tranquility in the India-China border regions is essential for the overall development of bilateral relations. [read post]
19 Jun 2020, 8:37 am by Jack Goldsmith, Marty Lederman
Late last night, John Bolton filed his brief in opposition to the government’s motion for a temporary restraining order or preliminary injunction. [read post]
18 Jun 2020, 11:40 pm by Schachtman
But why does truth have to be the first casualty? [read post]
18 Jun 2020, 9:05 pm by Brinna Ludwig
In a 5-4 decision, the Court held that DHS should have continued the deferred deportation component of DACA, even if it ended the portion of the program that allocated government resources to undocumented immigrants, which was further outside of DHS’s explicit authority under the Immigration and Nationality Act. [read post]
18 Jun 2020, 5:12 pm by Jack Goldsmith, Marty Lederman
 In further declarations in support of the TRO application, three other administration officials also assert or suggest that the manuscript contains classified information: John L. [read post]
18 Jun 2020, 2:12 pm by Peter Margulies
Drafting a new rationale takes time, as does litigation about the new rationale, which would surely follow. [read post]
18 Jun 2020, 9:44 am by Amy Howe
” On September 5, 2017, Attorney General Jeff Sessions announced the administration’s plan to end DACA, effective March 2018. [read post]
18 Jun 2020, 7:56 am by Jonathan H. Adler
[In what appears to be a quite narrow ruling, Chief Justice John Roberts holds that if Trump wants to get rid of DACA, he'll have to try again.] [read post]