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1 Nov 2021, 1:40 pm by Amy Howe
Marc Hearron, who argued on behalf of the providers, told the justices that the county clerks who would docket the lawsuits against the providers would be the “most straightforward” defendants, because they are not covered by the court’s ruling in Ex parte Young. [read post]
31 Oct 2021, 11:17 am by Josh Blackman
" The authors derived this principle from Debs, as well as from Ex Parte Young. [read post]
31 Oct 2021, 6:59 am by Jonathan H. Adler
Finally, if this Court views any of its precedents as a barrier to suit here, the solution is simple: expand the court-created work-around in Ex parte Young or just overrule Hans v. [read post]
29 Oct 2021, 6:00 am by Guest Blogger
In recognizing the right of constitutional rights-holders to sue responsible executive officers for injunctive relief, Ex parte Young disclaimed any federal court authority to enjoin state judges to stop enforcement of state law. [read post]
26 Oct 2021, 9:01 pm by Michael C. Dorf
In 1908, Justice Peckham wrote for the Court in Ex Parte Young: “It would not be wonderful if, under such circumstances, there would not be a crowd of agents offering to disobey the law. [read post]
26 Oct 2021, 9:01 pm by Michael C. Dorf
In 1908, Justice Peckham wrote for the Court in Ex Parte Young: “It would not be wonderful if, under such circumstances, there would not be a crowd of agents offering to disobey the law. [read post]
25 Oct 2021, 9:39 am by Mary Ziegler
Under Ex parte Young, plaintiffs can seek injunctions against government officials charged with enforcing potentially unconstitutional laws. [read post]
8 Oct 2021, 2:00 pm by Josh Blackman
Third, a federal court cannot enjoin a state court "from proceeding in [its] own way to exercise jurisdiction," Ex parte Young, 209 U.S. 123, 163 (1908), let alone enjoin all of a State's courts from doing so. [read post]
24 Sep 2021, 8:43 am by Arturo Jara
Since appearing in people’s lives, TV has become a major part of our society. [read post]
23 Sep 2021, 1:09 pm by Sasha Volokh
City of Richmond, 226 U.S. 137, 143–44 (1912); see also Washington ex rel. [read post]
17 Sep 2021, 4:00 am by Jim Sedor
National/Federal Delta Variant Postpones K Street’s Full Return MSN – Kate Ackley (Roll Call) | Published: 9/14/2021 On the cusp of Memorial Day back in May, most lobbyists were gearing up for a more normal return to their in-person work life, as they began to reemerge for meetings on Capitol Hill and sessions with clients and colleagues. [read post]
15 Sep 2021, 12:16 pm by Howard Wasserman
The piece I find interesting begins around p. 24, in which DOJ argues, in essence, that § 1983 and Ex parte Young preempt a law such as this. [read post]
12 Sep 2021, 9:07 am by Howard Wasserman
In recognizing the possibility of offensive actions, Ex parte Young stated that the power to enjoin executive officials "does not include the power to restrain a court from acting in any case brought before it, either of a civil or criminal nature. [read post]
10 Sep 2021, 10:18 pm by Josh Blackman
" Much of the analysis focuses on why Ex Parte Young excludes judges from the scope of relief. [read post]
10 Sep 2021, 6:57 pm by Howard Wasserman
The court of appeals had jurisdiction under the collateral order doctrine over the state officials' claims because all were denied 11th Amendment immunity when the district court found that Ex Parte Young claims could proceed against them despite their not being proper defendants. [read post]
10 Sep 2021, 5:16 pm by Josh Blackman
The defendant officials thus lack any "enforcement connection" to S.B. 8 and are not amenable to suit under Ex parte Young, 209 U.S. 123 (1908). [read post]
9 Sep 2021, 9:42 pm by Mark Tushnet
To vacate the court of appeals' order the Court would have "resolve" (in the sense I've specified) a pretty tricky question about whether Ex parte Young might end up being extended to cover the bounty-hunters. [read post]
9 Sep 2021, 6:35 pm by Howard Bashman
“A Modest Proposal: Extend Ex Parte Young to Cover the Likes of Texas Bounty Hunters”: Michael C. [read post]