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1 Nov 2023, 9:35 am by Michael C. Dorf
., the 2021 case in which the Court ruled in favor of a cheerleader who was disciplined for her derogatory Snapchat posts, is highly relevant, even though it was not cited in any of the briefs in either case by the petitioners, respondents, or SG as amicus. [read post]
30 Sep 2021, 9:51 am
[Yes]Updated TTAB Collection of Section 2(e)(2) "Primarily Geographically Descriptive" Cases TTABlog Test: Is "BEAUTY SG" Primarily Geographically Descriptive of Cosmetics and Supplements? [read post]
27 Feb 2024, 4:00 am by Michael C. Dorf
 Planned Parenthood, the Court treated the question of facial invalidity as calling for a solution at the remedial phase: If the law was invalid in some but not all applications, the Court said, then so long as the invalid applications are severable from the valid ones (a question it punted to the lower court on remand), the remedy should be to enjoin enforcement with respect to the invalid applications only.Putting together the principles of those two cases ought to allow the Court in the… [read post]
22 Jan 2018, 11:56 am by Lisa Ouellette
Promega last Term), the SG's brief recommending cert seems to expand the issue to all damages.Another case to watch is Mentor Graphics v. [read post]
4 Dec 2014, 12:43 pm
The Court has called for the views of the SG in a new case that looks to me like it might raise the question again, Spokeo v. [read post]
27 Oct 2014, 5:13 am by Matrix Legal Information Team
R (SG & Ors) v Secretary of State for Work and Pensions, heard 29-30 April. [read post]
22 Mar 2024, 12:17 pm by Jonathan H. Adler
According to the SG, Supreme Court review of the Fifth Circuit's decision is warranted because the court relied upon "legal theories that have been rejected by other courts of appeals that have reviewed materially similar FDA denial orders. [read post]
28 Apr 2020, 1:44 pm by Josh Blackman
In the New York Census case, for example, Justice Breyer asked SG Francisco a single question that spanned four minutes. [read post]
21 Jul 2014, 1:37 am by Matrix Legal Information Team
R (SG & Ors) v Secretary of State for Work and Pensions,heard 29-30 April. [read post]
4 Oct 2022, 3:02 pm by Jonathan H. Adler
A few other tidbits: In questioning, Deputy SG Brian Fletcher asserted that Congress did not seek to utilize the full extent of its Commerce Clause authority in the CWA, and could have regulated even more expansively. [read post]
16 Mar 2009, 2:13 pm
The lack of originalist justification for excluding felons from the Second Amendment Former SG Ted Olson suggests Heller could impact broad prohibitions on felon gun rights Assailing the unjustified Second Amendment limits in Heller SCOTUS undercuts constitutional gun rights in Hayes without even mentioning Heller or Second Amendment Even the Chief and Justice Scalia are content to damn gun possession with faint praise Given Hayes, can jurisdictions criminalize gun possession by any… [read post]
25 Apr 2011, 7:14 pm by Jonathan H. Adler
  Those who would label lawyers like Clement as (at best) amoral mercenaries do not understand how the world of public-law appellate litigation works. . . .Clement is certainly a conservative, and he always seemed quite comfortable defending the Bush administration’s policies as SG. [read post]
14 Nov 2007, 1:00 pm
(It's possible that there could be a cross-petition raising the jurisdictional issue, but that seems unlikely given the SG's modus operandi in responding to military cert petitions.) [read post]
13 Dec 2010, 4:16 pm by Lyle Denniston
(NOTE: The Department’s new brief was signed by others in the Solicitor General’s office, noting that Acting SG Neal K. [read post]
24 Oct 2023, 8:29 am by Stewart Baker
I note that the SG's desperation to win this case has led it to make surprisingly creative arguments, as illustrated in yet another Cybertoonz explainer. [read post]