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27 Jan 2022, 6:48 am by Jonathan H. Adler
[President Biden has promised to nominate the first Black woman to the Supreme Court. [read post]
25 Jan 2022, 7:27 am by James Romoser
OSHA May Be Even Worse News for Climate Regulation than You Thought (Jonathan H. [read post]
24 Jan 2022, 5:17 pm by Jonathan H. Adler
[Insofar as the Court was concerned about pretext, it may be more difficult for the EPA to reduce greenhouse gases using regulatory authority to control emissions.] [read post]
18 Jan 2022, 6:46 am by Jonathan H. Adler
[Nina Totenberg reports on potential strains among the justices and Justice Gorsuch's decision not to wear a mask at argument.] [read post]
15 Jan 2022, 11:17 am by Jonathan H. Adler
[Another contribution to recent scholarship on whether the Nondelegation Doctrine is properly rooted in the Constitution's original meaning and founding era understandings.] [read post]
14 Jan 2022, 6:48 am by Jonathan H. Adler
[Assorted observations on yesterday's opinions, what they mean, and what comes next.] [read post]
13 Jan 2022, 12:33 pm by Jonathan H. Adler
[By divided votes, the justices entered stayed t the OSHA Emergency Temporary Standard and stayed the lower court injunctions against the mandate that Medicare and Medicaid service providers require their employees to get vaccinated.] [read post]
13 Jan 2022, 10:21 am by Jonathan H. Adler
[FBI Director Wray on "The Cops Who Didn't Come Home"] Murder rates are up. [read post]
10 Jan 2022, 2:51 pm by Jonathan H. Adler
[Does it matter that the year Congress enacted the Occupational Safety and Health Act was as proximate to the Spanish Flu as to today?] [read post]
8 Jan 2022, 10:38 am by Jonathan H. Adler
[The caliber of questioning by the justices was not up to the usual standards, but the justices seemed to understand the two rules at issue present different questions.] [read post]
5 Jan 2022, 3:19 pm by Jonathan H. Adler
[The panel rejects the argument that the Federal Property and Administrative Services Act allows the federal government to require vaccination for nearly one-fifth of the American workforce.] [read post]
5 Jan 2022, 9:52 am by Jonathan H. Adler
[There are not many subjects on which Professors McConnell, Pildes, Foley and Smith agree.] [read post]
20 Dec 2021, 7:09 am by James Romoser
COVID-19 vaccine mandate revived, Supreme Court showdown looms (Tom Hals & Mike Scarcella, Reuters) Thoughts on Sixth Circuit OSHA Vax-or-Test Mandate Stay Decision and What Comes Next (Updated) (Jonathan H. [read post]
19 Dec 2021, 5:19 pm by Jonathan H. Adler
[The Biden Administration is off to a fast start nominating and appointing federal judges, but will this continue?] [read post]
18 Dec 2021, 12:10 pm by Jonathan H. Adler
[The question of whether to stay the BIden Administration rule requiring large employers to mandate vaccinations or testing is now before the Supreme Court.] [read post]
17 Dec 2021, 3:23 pm by Jonathan H. Adler
[The consequences of failing to preserve issues for appellate review.] [read post]