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15 Dec 2021, 10:33 am by Jonathan H. Adler
[A majority of judges on the court did not vote in favor of the petitions for initial hearing en banc, so the challenge will be heard by a three-judge panel] (Note: This post has been updated with excerpts from the opinions.) [read post]
13 Dec 2021, 6:52 am by Jonathan H. Adler
[The justices show little interest in vaping regulation on the shadow docket, but may yet review the FDA's behavior in the regular course.] [read post]
12 Dec 2021, 6:19 am by Jonathan H. Adler
[In response to the Supreme Court's ruling largely precluding pre-enforcement challenge of the Texas abortion law, Governor Newsom calls for similar action on guns.] [read post]
10 Dec 2021, 7:29 am by Jonathan H. Adler
[The private litigation against some defendants may proceed, but the federal lawsuit is gone.] [read post]
9 Dec 2021, 1:55 pm by Jonathan H. Adler
[Now that a federal appeals court has weighed in, the CMS mandate may reach One First Street.] [read post]
4 Dec 2021, 3:14 pm by Jonathan H. Adler
[The district court decision upholding the ATF's conclusion that bump stocks constitute unlawful "machine guns" is upheld by an equally divided court.] [read post]
1 Dec 2021, 7:38 pm by Jonathan H. Adler
[Two district courts have granted injunctions against the rule requiring vaccines for workers at Medicare and Medicaid providers, one nationwide.] [read post]
30 Nov 2021, 9:22 am by Jonathan H. Adler
[Vaping regulation gets some attention on the Shadow Docket] Yesterday, Justice Brett Kavanaugh requested that the federal government file a response to Breeze Smoke LLC's application for an emergency stay to block the Food and Drug Administration's order denying approval of the manufacturer's flavored vaping products. [read post]
29 Nov 2021, 1:24 pm by Jonathan H. Adler
[The argument made by Finnis, George, Hammer and others, that abortion is unconstitutional is not supported by text or history.] [read post]
29 Nov 2021, 10:29 am by Jonathan H. Adler
[A study suggests that "right-to-counsel" in eviction cases actually leads to greater homelessness.] [read post]
24 Nov 2021, 3:00 pm by Jonathan H. Adler
[One of pioneers of free-market environmentalism has passed.] [read post]
24 Nov 2021, 6:30 am by James Romoser
(Maxine Joselow, The Washington Post) The Supreme Court Wants to Make It Even Harder for the Government to Solve Climate Problems (Dahlia Lithwick, Slate) Vaping in the Shadow Docket (Jonathan H. [read post]
23 Nov 2021, 7:30 pm by Jonathan H. Adler
[An electronic cigarette manufacturer seeks a stay of FDA action from the Supreme Court.] [read post]
23 Nov 2021, 8:51 am by Jonathan H. Adler
[A federal magistrate judge in Colorado orders two attorneys to pay over $180K in fees to cover defendants' legal costs.] [read post]
23 Nov 2021, 7:52 am by Jonathan H. Adler
[The bill cuts health care funding in states that refused to accept the ACA's Medicaid expansion in ways that might violate NFIB v. [read post]
22 Nov 2021, 8:08 am by Jonathan H. Adler
[Whatever else the BBB bill will do, this provision is bad for public health and could increase smoking's death toll.] [read post]