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22 Apr 2024, 5:00 am by Bernard Bell
  Speaking through Justice Amy Coney Barrett, the Justices elaborated upon their less constricted version of the “authority or duty” test in a way that provides some guidance to government officials. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
As I explained in one of my earlier posts, several or all of the Justices might be inclined to decide the case on some ground that doesn’t require the Court to decide whether Donald Trump is eligible to be President, if such an “off-ramp” solution is legally available. [read post]
18 Jan 2024, 11:11 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] Trump v. [read post]
3 Oct 2023, 5:25 pm by Michael Lowe
 It deals with the application of the Colorado Exoneration Act, and its application regarding restitution money that Shannon Nelson paid as a result of her conviction, which was later overturned on appeal. [read post]
10 Jul 2023, 7:19 am by Stephanie Schmidt (US)
On June 29, the Supreme Court issued its much-anticipated decision in Abitron Austria GmbH, et al., v. [read post]
10 Jul 2023, 7:19 am by Stephanie Schmidt (US)
On June 29, the Supreme Court issued its much-anticipated decision in Abitron Austria GmbH, et al., v. [read post]
29 Jun 2023, 7:49 am by Public Employment Law Press
Uni- versity of North Carolina et al., on certiorari before judgment to the United States Court of Appeals for the Fourth Circuit. [read post]
29 Jun 2023, 7:49 am by Public Employment Law Press
Uni- versity of North Carolina et al., on certiorari before judgment to the United States Court of Appeals for the Fourth Circuit. [read post]
24 Feb 2023, 7:56 pm by Josh Blackman
See, e.g., Brief for State of Mississippi et al. as Amici Curiae 7–10; Ante, at 1–2 (GORSUCH, J., dissenting). [read post]
2 Aug 2022, 6:30 am by Guest Blogger
In dissent, Justice Brett Kavanaugh (writing separately from two other dissenting textualist justices), rejected that application of ordinary meaning (though not the canon or the text of the statute itself); he further advocated applying another canon to inform ordinary meaning itself: the rule against superfluity,which would avoid rendering the phrase “sexual orientation” in other statutes superfluous. [read post]
1 Jun 2022, 11:49 am by Eric Goldman
Amicus brief in support of Texas from Babylon Bee et al Amicus briefs in support of NetChoice/CCIA preliminary injunction motion Chamber of Progress et al EFF RCFP et al TechFreedom Texas response. [read post]
18 Jan 2022, 10:02 am by Eric Goldman
Unsurprisingly, courts are also struggling with FOSTA’s core drafting ambiguity (that was highlighted for Congress during its deliberations) about the level of scienter applicable to the sex trafficking civil claim. [read post]