Search for: "In Re Gorsuch"
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21 Mar 2024, 3:33 am
As we’re regularly reminded these days, no one is above the law, including a councilwoman targeted by a unpleasant mayor. [read post]
20 Mar 2024, 11:24 am
… [W]hat you’re suggesting to us is that they don’t have a right to say the plan is violating a bunch of other provisions of the Code … I’ve just never heard of parsing standing in that way. [read post]
15 Mar 2024, 6:24 am
One plaintiff, they note, was “censored” after she re-published a post by Robert F. [read post]
11 Mar 2024, 6:55 am
Beckles had its own oddities: for one, it arose during the interregnum between Justices Scalia and Gorsuch. [read post]
7 Mar 2024, 2:29 pm
Many of the remainder (Kagan, Sotomayor, Jackson) see social media content moderation as understandable, consistent with their own biases, and justified, but they're uneasy about the power of large platforms and reluctant to grant a sweeping immunity from regulation to those companies. [read post]
6 Mar 2024, 7:16 am
So six justices, Chief Justice Roberts, Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett all agreed with heart of the reasoning in the per curiam opinion. [read post]
6 Mar 2024, 7:16 am
So six justices, Chief Justice Roberts, Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett all agreed with heart of the reasoning in the per curiam opinion. [read post]
5 Mar 2024, 1:51 pm
Were Trump re-elected, and contrary to Professor Lederman's hopes and aspirations, the question of whether the President is an "Officer of the United States" will not be "re-consigned to the obscure corners of implausible scholarship. [read post]
5 Mar 2024, 8:13 am
., being 27 years old or being born outside the United States), as then-Judge Gorsuch held in the 2012 Tenth Circuit decision in Hassan v. [read post]
4 Mar 2024, 8:46 am
You're suggesting there may be a barrier under the Constitution to a state legislating an enforcement mechanism for Section 3 specific to federal officers. [read post]
29 Feb 2024, 12:32 pm
Justice Neil Gorsuch, for example, led David Harris, representing the customers, to concede that “the arbitration agreement … is still operative,” and that “it says it applies to everything. [read post]
28 Feb 2024, 3:41 pm
Chief Justice John Roberts and Justice Neil Gorsuch spent a great deal of time exploring that topic during Deputy Solicitor General Malcolm Stewart’s argument for the government. [read post]
25 Feb 2024, 2:44 pm
Yet Josh celebrated Gorsuch & Jackson taking it seriously. [read post]
23 Feb 2024, 1:43 pm
They’re not doing ordinary judging. [read post]
22 Feb 2024, 11:29 am
Justice Gorsuch echoed this, stating “we’re being asked to decide the scope of something that may or may not exist. [read post]
21 Feb 2024, 12:50 pm
Justice Neil Gorsuch echoed Kavanaugh’s concerns. [read post]
16 Feb 2024, 12:13 pm
Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. [read post]
15 Feb 2024, 3:33 pm
The most remarkable thing about last Thursday’s oral argument in Trump v. [read post]
14 Feb 2024, 3:05 pm
In this post, I’ll address four things: (i) The unusual and, in some respects, questionable strategies of Trump’s counsel, Jonathan Mitchell at the oral argument; (ii) the Chief Justice’s question about why Congress repealed its 1870-enacted enforcement mechanisms in the Twentieth Century; (iii) Justice Gorsuch’s questions about the source of a state’s power to exclude insurrectionists from a ballot in a federal election;… [read post]
13 Feb 2024, 4:30 am
In light of this history, Gorsuch and Thomas have argued for a reconsideration of the modern scope of the writ, which generally allows for re-litigation of alleged constitutional error in the course of criminal trial. [read post]
