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25 Jun 2023, 10:54 am
FAIR In Rumsfeld, the Supreme Court rejected the argument that a law school had a First Amendment right to refuse to allow military recruiters on its property—which is to say, the Court rejected the argument that law schools could engage in a limited boycott of such recruiters. [read post]
22 Jun 2023, 6:57 am
Fortunately for the Supreme Court, he did so. [read post]
20 Jun 2023, 10:01 am
Consider, for instance, a professor discussing the arguments in the Supreme Court's affirmative action cases. [read post]
19 Jun 2023, 11:39 am
On the Supreme Court, the two most committed originalists are Justices Thomas and Gorsuch. [read post]
19 Jun 2023, 5:47 am
The exact request was "[t]wo cents worth for each [decedent]; six cents a mile for the six hundred and fifty [million] miles … they traveled in the year that they took these people's lives. [read post]
17 Jun 2023, 7:57 am
Editor's Note: The following was originally published on Matt Tait's Substack, PwnAllTheThings. [read post]
15 Jun 2023, 10:23 am
DorfThe Supreme Court decided two cases today that involve the relation between the federal government and American Indian tribes. [read post]
6 Jun 2023, 7:18 pm
" And the Court observed in Bruen: "Nor does any party dispute that handguns are weapons 'in common use' today for self-defense. [read post]
5 Jun 2023, 9:30 pm
This year's was on blue-sky laws, with just a glimpse of New Deal securities regulation and the Hughes Court. [read post]
1 Jun 2023, 4:22 pm
Justice Breyer retired from the Supreme Court at a time when the Court's Religion Clauses doctrines are contested, challenged, and changing. [read post]
31 May 2023, 8:09 pm
" On appeal, the Supreme Court affirmed this ruling, meaning that California's law does not violate the dormant Commerce Clause and the claim was rejected. [read post]
31 May 2023, 8:09 pm
" On appeal, the Supreme Court affirmed this ruling, meaning that California's law does not violate the dormant Commerce Clause and the claim was rejected. [read post]
31 May 2023, 12:23 pm
Trump's lawyers invoked the federal officer removal statute. [read post]
26 May 2023, 12:42 pm
The Supreme Court’s 2020 decision in Monasky v. [read post]
21 May 2023, 9:00 pm
Even so, we must be realistic and admit that politically motivated judges on the right (including on the Supreme Court) might deviate from precedent. [read post]
18 May 2023, 5:52 am
" The Seventh Circuit has recognized that one test for evaluating Establishment Clause challenges "is known as the ';coercion' test[,]" and "[t]he Supreme Court has applied this test in school prayer cases. [read post]
17 May 2023, 6:00 am
" The published volume is now available online at the Law Review's website. [read post]
14 May 2023, 9:00 pm
So even without calling state and local governments part of the government as a whole or treating the independent central bank’s balance sheet as part of the federal government, it would take only a minimum of insight to observe that the government today is in fact almost seven trillion dollars below the debt ceiling.Longstanding and unexamined assumptions would thus give way to a more expansive (and arguably better) reading of the debt ceiling statute—a statute that,… [read post]
14 May 2023, 2:14 pm
Here's the intro to SCOTUSblog summary:For decades, the Supreme Court has steadily narrowed the scope of the federal criminal wire fraud statutes, and Thursday’s decision in Ciminelli v. [read post]
12 May 2023, 12:41 pm
”[8] The experts further urged the government to repeal the NSL, citing "the law's fundamental incompatibility with international law and with China's human rights obligations. [read post]
