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28 May 2024, 6:47 pm by Josh Blackman
During oral argument, Justice Alito stated, "The epic specifically referenced Matthew Snyder by name, [and] specifically referenced Matthew's parents by name. [read post]
27 May 2024, 4:00 am by Michael C. Dorf
He then seeks and obtains review from the New York Court of Appeals (the state’s highest court), which schedules oral argument for November 12, 2024, one week after the election. [read post]
24 May 2024, 5:08 am by William Sinclair and Todd Hesel
After briefing and oral argument in the Third Circuit led by Silverman Thompson attorneys, the client’s choice was vindicated in December 2023 when the appeals court issued an opinion vacating the dismissal and remanding for further proceedings in the district court to more fully evaluate whether the complaint stated claims under Pennsylvania common law. [read post]
23 May 2024, 5:28 am by Eugene Volokh
In support of this argument, Plaintiffs point to Upchurch's statement that "I would not say this unless I was 100% confident. [read post]
22 May 2024, 5:55 am by Leila Nadya Sadat
While many interventions reprised earlier arguments, there were some surprising developments. [read post]
21 May 2024, 9:01 pm by Austin Sarat
They abandon it when it gets in the way.One might add to the list the Court’s sorry performance during oral argument in the presidential immunity case and its trashing of precedent in cases like Dobbs v. [read post]
17 May 2024, 12:29 pm by Josh Blackman
Justice Kavanaugh mentioned this paper during oral argument in Trump v. [read post]
17 May 2024, 3:00 am by Jim Sedor
Committee Chairperson Joseph Chaplik dismissed arguments that the Democratic lawmakers were simply reacting passionately, saying lawmakers are passionate about many proposals and the chamber’s rules exist to bar the kind of “chaos” that occurred. [read post]
15 May 2024, 12:19 pm
“I think as many cases are lost at oral argument as are won at oral argument,” said Judge Timothy B. [read post]
Sixth Circuit Oral Argument During oral argument, Judge John Nalbandian, appeared to adopt an argument presented by Metro Man, stating that the Board was “expanding its power” when it required the employer to bargain with the union over the pay increase in response to its pandemic-based staffing shortage. [read post]
10 May 2024, 4:10 pm by Jonathan H. Adler
" Justice Thomas also echoed Justice Kavanaugh's approval of the new oral argument process. [read post]
10 May 2024, 9:01 am by Matthew A. Seligman
We begin with the framework that dominated the discussion at oral argument: the civil rule in the 1982 Supreme Court case of Nixon v. [read post]
9 May 2024, 11:30 am by Guest Blogger
  As Justice Scalia’s dissent pointed out, Kennedy seemed unwilling to state a fundamental right to oral and anal sex. [read post]
6 May 2024, 11:57 am by Robichaud
Four seminal cases from the Supreme Court of Canada have led to a reset – or at least a re-affirmation – of the fundamental tenets underlying the Court’s approach to pre-trial detention. [read post]
2 May 2024, 3:23 pm
""At oral argument, Vanderpool proffered another argument, one not mentioned or even alluded to in either of its appellate briefs. [read post]
29 Apr 2024, 4:00 am by Michael C. Dorf
On its face, the Idaho abortion law does not permit abortions that medical professionals would deem necessary for other health reasons--such as to prevent non-life-threatening kidney failure or loss of future fertility.The oral argument got sidetracked on a number of issues. [read post]
28 Apr 2024, 2:43 pm by Mark Tushnet
I’m not saying that the argument’s a slam-dunk—just that it could be invoked in ways that wouldn’t open up the larger issues that the justices seemed preoccupied with at the oral argument. [read post]