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20 Nov 2017, 2:58 am
Hoping to blame Pacific Gas & Electric power lines for Northern California fires, lawyers from coast to coast descend on wine country [Paul Payne, Santa Rosa Press-Democrat] Courts should police lawyers’ handling of class actions, including temptation to sweep additional members with doubtful claims into class so as to boost fees [Ilya Shapiro, Trevor Burrus, and Reilly Stephens on Cato certiorari amicus in case of Yang v. [read post]
10 Apr 2010, 1:12 pm
There are contributions from our own Jonathan Adler, James Copland, Ted Frank, Rick Garnett, Stephanie Hessler, Curt Levey, Neomi Rao, Ralph Reed, William Saunders, Ilya Shapiro, and me. [read post]
23 Dec 2013, 8:07 pm
[Ilya Shapiro, Forbes] Incidentally, the Executive Branch’s claim of power to suspend various provisions of the ObamaCare law at its whim stands on quite a different and weaker footing, constitutionally, from the well-established tradition of prosecutorial discretion (or the even more well-established power to pardon individual violators). [read post]
27 Jan 2015, 9:05 pm
Burwell: next ObamaCare showdown at Supreme Court [Ilya Shapiro and Josh Blackman, David Bernstein on Cato brief, Adler v. [read post]
26 Jun 2019, 9:05 pm
Ilya Shapiro explains: All nine justices agreed that courts need to work harder to ensure that a regulation truly is ambiguous before giving the agency re-interpreting it any sort of deference. [read post]
14 Jul 2014, 9:05 pm
“Cato Went 10-1 at Supreme Court This Term” [Ilya Shapiro; on merits cases] Yesterday I spoke to a private policy gathering in Annapolis, Md. with a retrospective on the Supreme Court term, especially its lessons for state government. [read post]
15 Aug 2017, 4:02 am
” At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro urges the Supreme Court to review a florist’s First Amendment challenge to a state antidiscrimination law, arguing that “[w]hile same-sex couples ought to be able to get marriage licenses—if the state is involved in marriage at all—a commitment to equality under the law can’t justify the restriction of private parties’ constitutionally protected rights like freedom of speech… [read post]
24 Sep 2018, 3:01 am
” [Peter Van Doren and Randal O’Toole, Cato] Whether grounded in official discretion or legislation, cash exactions levied on land development should still need to meet constitutional standards [Ilya Shapiro and Reilly Stephens on Cato Institute certiorari amicus brief in Dabbs v. [read post]
25 Jun 2015, 2:11 am
With three decision days remaining — today, tomorrow, and next Monday — Ilya Shapiro outlines the remaining seven cases and their importance, including Texas Dept. of Housing v. [read post]
21 May 2016, 9:31 am
Writes Ilya Shapiro: [Judge] Hanen’s remedy consists of five components: (1) all the lawyers at DOJ headquarters who litigate in the 26 states that challenged DAPA (most of them) have to go back to school for an annual ethics course taught by an outside expert; (2) DOJ has to certify annually for five years that these lawyers are indeed going to school; (3) the attorney general must report within 60 days “a comprehensive plan to prevent this unethical conduct from… [read post]
10 Nov 2016, 3:34 am
When government uses regulation to retaliate against someone’s politics, relief shouldn’t depend on whether the harassment would have silenced an ordinary citizen [Ilya Shapiro, Trevor Burrus, and Thomas Berry, Cato] More thoughts on the constitutional amendment process [Mike Rappaport, Liberty and Law] To what extent did Antonin Scalia’s thinking on Article V constitutional conventions change over the years? [read post]
19 Jun 2016, 9:05 pm
Supreme Court should clarify whether agency has discretion to ignore any and all costs in designating Endangered Species Act habitat [Ilya Shapiro and Randal John Meyer on Cato certiorari amicus in Building Industry Association of the Bay Area v. [read post]
22 Mar 2017, 9:15 pm
Ilya Shapiro and David McDonald describe the background of the Eighth Circuit case of Niang v. [read post]
17 Jul 2018, 2:59 am
“Why It Was Proper (and Necessary) to Overturn Old Precedent” [Ilya Shapiro and Aaron Barnes, Cato, earlier on Janus v. [read post]
26 Feb 2014, 9:39 pm
My Cato colleague Ilya Shapiro’s thoughts are here. [read post]
30 Mar 2018, 3:10 am
” [Ilya Shapiro on Cato merits amicus filing in Lucia v. [read post]
1 Apr 2016, 3:26 am
A $680 million award in the plaintiff-friendly Eastern District of Texas illustrates some of the problems with the federal False Claims Act, the whistleblower law enabling bounty-hunting suits against government vendors and contractors [Ilya Shapiro, earlier here, here, and here]: Trinity contends — and the alleged federal-agency victim agrees! [read post]
14 Oct 2016, 3:01 am
Ilya Shapiro and Devin Watkins: In a case out of California, two citizens were taking pictures of border crossings from public sidewalks of what they believed were environmental problems and unlawful searches. [read post]
2 Oct 2019, 2:59 am
Supreme Court should step in to protect freedom of association against California’s push to obtain donor identities for controversial groups [Ilya Shapiro and James Knight on Cato certiorari amicus brief in Americans for Prosperity Foundation v. [read post]
11 Jul 2017, 4:20 am
Briefly: At the Cato Institute’s Cato at Liberty blog, Ilya Shapiro and Frank Garrison urge the court to grant a cert petition challenging public-sector-union “agency fees,” which they maintain give non-union “workers a Hobson’s choice: Either sacrifice your First Amendment rights and fund political advocacy you may not like, or find other employment. [read post]
