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30 Apr 2023, 7:16 am by Jonathan H. Adler
[This Supreme Court term is setting a record for not releasing opinions in argued cases. ] October Term 2022 continues to be a term of longer arguments and fewer opinions. [read post]
25 Apr 2023, 9:33 am by Jonathan H. Adler
[A three-judge panel concludes that bump stocks cannot be considered machine gun parts under the rule of lenity.] [read post]
25 Apr 2023, 8:51 am by Jonathan H. Adler
[Is the publc getting what it wants from the administrative state?] [read post]
24 Apr 2023, 7:26 pm by Jonathan H. Adler
[Justice Kavanaugh was alone in noting his desire to accept certiorari in two cases the justices rejected. ] There were no opinions released by the Supreme Court today, but there was an Order List. [read post]
24 Apr 2023, 7:07 pm by Jonathan H. Adler
[An argument that the wasteful law violates the Constitution's Port Preference Clause.] [read post]
19 Apr 2023, 8:02 am by Jonathan H. Adler
[Today's opinions are a requel to prior splits among the most recent Republican appointees to the Supreme Court.] [read post]
18 Apr 2023, 2:46 pm by Jonathan H. Adler
[A local California ordinance prohibiting natural gas hookups in new construction conflicts with federal law according to a federal appellate court.] [read post]
17 Apr 2023, 3:06 pm by Jonathan H. Adler
[A panel upheld a preliminary objection barring the Air force from requiring religious objectors to get Covid-19 vaccines, and a majority of the court's judges refused to vacate that decision as moot.] [read post]
15 Apr 2023, 10:36 am by Jonathan H. Adler
[Those claiming they are subject to unconstitutional agency proceedings need not suffer through agency proceedings before bringing their claims to federal court.] [read post]
13 Apr 2023, 8:53 pm by Jonathan H. Adler
[The appeals court's unpublished order avoids some of the district court's errors, but still has some significant problems, especially with regard to standing.] [read post]
8 Apr 2023, 6:54 am by Jonathan H. Adler
[On Good Friday, two district courts issued decisions on the FDA's approval of the abortion drug mifepristone.] [read post]
5 Apr 2023, 1:10 pm by Jonathan H. Adler
[The plaintiff states lack standing to challenge the Biden Administration's interim Social Cost of Carbon estimates] Today a unanimous panel of the U.S. [read post]
29 Mar 2023, 12:03 pm by Jonathan H. Adler
[And this lawsuit faces many of the same administrative law hurdles as does AHM v. [read post]
28 Mar 2023, 2:19 pm by Jonathan H. Adler
Here is Hawley's response: Without addressing the merits of the FDA's approval of mifepristone in 2000—under regulations requiring the FDA to find that pregnancy is a "serious or life-threatening illness"—or its deregulation of mifepristone to allow mail-in abortions in violation of the FDCA and other federal laws, Professor Adler suggested in these pages that the serious legal issues involved in Alliance for Hippocratic Medicine v. [read post]
25 Mar 2023, 8:05 am by Jonathan H. Adler
[The Eighth Circuit joins the First, Third, Fourth, Ninth, and Tenth in rejecting the arguments for removal, but Judge David Stras writes an interesting concurrence.] [read post]
24 Mar 2023, 11:31 am by Jonathan H. Adler
[Another opinion exposing the Food and Drug Administration's vaping problem. ] In January, the Food & Drug Administration denied R.J. [read post]
21 Mar 2023, 3:38 am by Jonathan H. Adler
[Is testimony over Zoom consistent with a criminal defendant's Constitutional rights?] [read post]
20 Mar 2023, 8:52 am by Jonathan H. Adler
[A nominee's work defending a state parental-notification law in 2005 may be a stumbling block to his confirmation.] [read post]
20 Mar 2023, 8:34 am by Jonathan H. Adler
[The Court's newest justice questions whether her colleagues are too quick to vacate lower court decisions.] [read post]