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8 Jan 2022, 10:38 am by Jonathan H. Adler
[The caliber of questioning by the justices was not up to the usual standards, but the justices seemed to understand the two rules at issue present different questions.] [read post]
17 Jun 2022, 10:45 am by Jonathan H. Adler
[In remarks to the American Constitution Society, Justice Sonia Sotomayor shares her thoughts on the senior-most Associate Justice.] [read post]
30 Apr 2018, 8:42 am by Jonathan H. Adler
The Administrative Procedure Act (APA) creates a presumption in favor of judicial review of agency action. [read post]
29 May 2018, 5:49 am by Jonathan H. Adler
Last week, as expected, the Supreme Court ruled in Epic Systems v. [read post]
18 Dec 2017, 6:37 pm by Jonathan H. Adler
On Monday, one of President Trump's judicial nominees -- Andrew Peterson -- asked the President to withdraw his nomination. [read post]
3 Jan 2023, 6:43 am by Jonathan H. Adler
[The former First Amendment litigator and Dispatch co-founder becomes a columnist at the New York Times.] [read post]
1 Mar 2023, 5:40 pm by Jonathan H. Adler
[Thoughts on recent oral argument exchanges on whether the Administrative Procedure Act contemplates (let alone requires) universal vacatur.] [read post]
13 Jan 2025, 7:23 am by Jonathan H. Adler
As I noted on Friday, the Supreme Court accepted certiorari to hear an appointments clause challenge to the U.S. [read post]
29 Mar 2023, 12:03 pm by Jonathan H. Adler
[And this lawsuit faces many of the same administrative law hurdles as does AHM v. [read post]
11 Dec 2023, 7:56 am by Jonathan H. Adler
[Justice Jackson notes her objection to the Court's standard practice of vacating lower court decisions rendered moot by the prevailing party below.] [read post]
5 Mar 2018, 2:36 pm by Jonathan H. Adler
The Supreme Court has not issued too many opinions so far this year, but among the few that have been decided are two with particularly unusual line-ups. [read post]
17 Oct 2022, 10:18 am by Jonathan H. Adler
[In its latest filing, the Department of Justice seeks to put an end to Judge Cannon's interference with the federal government's investigation documents kept at Mar-a-Lago.] [read post]
23 Jan 2018, 5:08 am by Jonathan H. Adler
The relative dearth of Supreme Court opinions this term was beginning to worry some court watchers. [read post]
7 Feb 2023, 3:37 pm by Jonathan H. Adler
[ Amna Khalid and Jeffrey Aaron Snyder argue that we should not kid ourselves about the threat university DEI bureaucracies pose to academic freedom, but is there a better way?] [read post]
19 Oct 2024, 4:53 am by Jonathan H. Adler
Catching up on Supreme Court oral arguments, I was struck by the following exchange in Royal Canin U.S.A. v. [read post]