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27 Jan 2022, 6:48 am by Jonathan H. Adler
In addition to state court experience, there are other types of experience that are also conspicuously lacking from the Court, such as trial-level criminal defense work, and this sort of diversity matters for how the Court does its work. [read post]
24 Jan 2022, 5:17 pm by Jonathan H. Adler
Tightening the national ambient air quality standard for particulate matter, for example, would not only reduce soot and fine particles in the air. [read post]
15 Jan 2022, 11:17 am by Jonathan H. Adler
" Taxation, however, falls into the category of public rights, which could include matters that were domestic and coercive, but that nevertheless allowed for a more lenient application of separation of powers strictures. [read post]
10 Jan 2022, 2:51 pm by Jonathan H. Adler
[Does it matter that the year Congress enacted the Occupational Safety and Health Act was as proximate to the Spanish Flu as to today?] [read post]
5 Jan 2022, 9:52 am by Jonathan H. Adler
Whichever approach Congress takes is less important than that the revised statute be unambiguous about how the matter is to be resolved. [read post]
9 Dec 2021, 2:14 pm by Jonathan H. Adler
In response, the President of the United States and Congress have each made the judgment that access to this subset of presidential communication records is necessary to address a matter of great constitutional moment for the Republic. [read post]
29 Nov 2021, 1:24 pm by Jonathan H. Adler
They argue not only that Roe was wrong as an original matter, but also that the Fourteenth Amendment, properly interpreted, protects unborn life and prohibits abortion. [read post]
17 Nov 2021, 9:01 pm by Neil H. Buchanan
No matter how true that might be, what matters is that they will never have the chance to win again.NeverTrumpers to the Rescue? [read post]
16 Nov 2021, 10:20 am by Jonathan H. Adler
But the FDA relied on literature concerning flavored ENDS products' appeal to youths because those risks are understood as a matter of scientific consensus. [read post]
11 Nov 2021, 7:10 am by Jonathan H. Adler
And at least for the moment, she seems to have found a way to create a 3-2 Commission majority on important matters: Rely on "zombie" votes cast by Chopra before his departure to provide the tie-breaker on matters currently before the commission. [read post]
10 Nov 2021, 9:32 am by Jonathan H. Adler
The district court here compared the restrictions in this matter with those followed in Commonwealth v. [read post]
28 Oct 2021, 6:00 am by Unknown
Theiss, Disgraceful Matters: The Politics of Chastity in Eighteenth-Century China (Berkeley, CA: University of California Press, 2004). [read post]
22 Oct 2021, 8:40 am by Jonathan H. Adler
And here is the conclusion: This case is important not because of its specific subject matter of abortion, but instead for Texas's cavalier and contemptuous mechanism for shielding from review potential violations of constitutional rights as determined by this Court's precedents. [read post]
19 Oct 2021, 6:51 am by Jonathan H. Adler
So if the House does refer the matter to DOJ, prosecutors are likely to bring it before a grand jury. . . . [read post]