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14 Jun 2022, 4:42 am by Jonathan H. Adler
[Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.] [read post]
7 Jun 2022, 6:54 pm by Jonathan H. Adler
[The justices hear fewer cases and decide fewer questions than they used to.] [read post]
2 Jun 2022, 10:57 am by Jonathan H. Adler
[We will get opinions on Monday, but the Court will have to average more than two opinions per day to finish before July 4.] [read post]
2 Jun 2022, 10:41 am by Jonathan H. Adler
[Questions about the scope of federal power will remain. ] In today's Washington Post Robert George and Joshua Craddock argue that Congress can and should enact federal legislation to "enforce constitutional rights for the unborn" if the Supreme Court overturns Roe v. [read post]
1 Jun 2022, 6:57 am by Jonathan H. Adler
[The judicial conference endorses making PACER searches free for non-commercial users.] [read post]
31 May 2022, 8:07 pm by Jonathan H. Adler
[With thirty-three opinions in argued cases yet to issue, the Supreme Court is well behind the usual pace.] [read post]
31 May 2022, 6:16 pm by Jonathan H. Adler
[A state court rules that bumble bees may qualify as "fish" under the California Endangered Species Act] Concerned for the plight of bumble bees, environmental organizations petitioned the California Fish and Game Commission to list four bumble bee species--the western bumble bee, Franklin's bumble bee, Crotch's bumble bee and the Suckley cuckoo bumble bee--as "endangered" under the California Endangered Species Act (CESA). [read post]
27 May 2022, 9:32 am by Jonathan H. Adler
[The en banc Sixth Circuit concludes that the lawsuit seeking an injunction against Michigan's mask mandate is now moot. ] On Wednesday, the en banc U.S. [read post]
26 May 2022, 12:00 pm by Jonathan H. Adler
[Without opinion the justices rejected Louisiana's application to vacate a lower court stay. ] The effort by Louisiana and other states to prevent federal agencies from relying upon the Biden Administration's Social Cost of Carbon estimates has run aground in the Supreme Court. [read post]
26 May 2022, 10:49 am by Jonathan H. Adler
Adler's kind invitation, I'd like to elaborate, focusing on the objections that the opinion: rests on a historical error, offers only ad hoc ways to distinguish abortion from other unenumerated rights, and forecloses even a narrow constitutional right to life-saving abortions. [read post]
21 May 2022, 6:06 am by Jonathan H. Adler
[A federal district court judge dismissed Lindell's counterclaims against Dominion and Smartmatic, and Lindell may still be on the hook for defamation.] [read post]
19 May 2022, 2:37 pm by Jonathan H. Adler
[Language in the American Rescue Plan Act prohibits states from using the funds "directly or indirectly" to offset lost revenues from tax cuts.] [read post]
19 May 2022, 2:20 pm by Jonathan H. Adler
[An interesting and surprising research result. ] Increased concentrations of carbon dioxide and greenhouse gases in the atmosphere are expected to lead to increased tropical cyclone rainfall and hurricane intensity. [read post]
18 May 2022, 8:21 am by Jonathan H. Adler
[A revealing interview on the Supreme Court, Chief Justice Roberts, climate change, and Tribe's tweeting habits.] [read post]
16 May 2022, 4:43 am by Jonathan H. Adler
[A prominent progressive law professor challenges some of the prevailing orthodoxy on Roe, Dobbs, and Supreme Court precedent.] [read post]
13 May 2022, 7:57 am by Jonathan H. Adler
[A belated 2021 lecture sponsored by the Georgetown Center for the Constitution] Last month, the Honorable Neomi Rao delivered the Georgetown Center for the Constitution's 2021 Thomas M. [read post]