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16 Jul 2021, 7:11 pm by Samuel Bray
For an initial summary, here is co-blogger Jonathan Adler. [read post]
16 Jul 2021, 2:41 pm by Jonathan H. Adler
[The Supreme Court never held that DACA was legal when adopted, and a court in Texas has decided it is not.] [read post]
15 Jul 2021, 3:52 pm by Jonathan H. Adler
[The Trump Administration's Clean Water Act rule will remain in place while the Biden Administration works on a replacement.] [read post]
15 Jul 2021, 11:46 am by Jonathan H. Adler
[Dean Chemerinsky has argued for and against the filibuster on both constitutional and policy grounds.] [read post]
15 Jul 2021, 10:11 am by Jonathan H. Adler
[Judge Thapar writes separately to note such requirements remain vulnerable under existing precedent.] [read post]
15 Jul 2021, 9:35 am by Jonathan H. Adler
[Some academics are urging VP Harris to declare the filibuster unconstitutional] Those in the Senate majority, and their supporters, have never liked the filibuster, as it often prevents the majority from enacting desired policies. [read post]
14 Jul 2021, 3:22 pm by Jonathan H. Adler
[Senate Democratic Leader Charles Schumer is embracing a sensible approach to marijuana reform.] [read post]
13 Jul 2021, 11:25 am by Jonathan H. Adler
[WIthout the prospect of Supreme Court review, does the district court still have jurisdiction to consider a settlement.] [read post]
7 Jul 2021, 5:53 pm by Jonathan H. Adler
[A good listen for those who want to know more about the infamous case.] [read post]
7 Jul 2021, 5:30 pm by Jonathan H. Adler
["Pay no attention to those states claiming you lack jurisdiction to approve a settlement. [read post]
6 Jul 2021, 7:07 am by Jonathan H. Adler
[Replacing the Court's most pro-government justice with a young progressive might make a bigger difference than expected.] [read post]
5 Jul 2021, 9:35 am by Jonathan H. Adler
[The general assumption that the Fifth Amendment bars takings for economic development purposes rests on shaky ground.] [read post]
5 Jul 2021, 7:06 am by Jonathan H. Adler
For those interested, here's an index of the contributions to the discussion (thus far): Stephanie Slade, "Freedom and Virtue: Masters of Their Own Domains" [Posted June 7, 2021] Jonathan Adler, "Is Fusionism a Zombie Ideology? [read post]
5 Jul 2021, 6:51 am by Jonathan H. Adler
[A discussion with Mario Loyola on the Supreme Court's latest Affordable Care Act Decision] In late June I recorded a Federalist Society "Courthouse Steps" podcase on California v. [read post]
2 Jul 2021, 12:14 pm by Jonathan H. Adler
[Glenn Reynolds suggests it's how that landmark decision was applied and expanded that has created the real problem.] [read post]
2 Jul 2021, 7:03 am by Jonathan H. Adler
[He repeats his concern that QI doctrine rests on "shaky ground" and imposes a "one-size-fits-all doctrine" that is "an odd fit for many cases," including those involving university administrators.] [read post]
1 Jul 2021, 1:55 pm by Jonathan H. Adler
[In a careful ruling, Judge Cole concludes Ohio made its case, and enjoins enforcement of the mandate against Ohio.] [read post]
1 Jul 2021, 10:40 am by Jonathan H. Adler
[The junior justice wrote only four signed opinions in argued cases, but had several dissents from the April sitting.] [read post]