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29 Jun 2024, 7:50 pm by Josh Blackman
Trump, however, may not reject the pardon, which would be a symbolic act unto itself. [read post]
29 Jun 2024, 7:52 am by Tom Smith
WASHINGTON—The Supreme Court ruled Friday that the Justice Department improperly charged some of the people who stormed the Capitol on Jan. 6, 2021, a decision that could affect hundreds of cases—and potentially help former President Donald Trump.Prosecutors have charged more than 1,400 Trump supporters who attacked the building while Congress met to certify President Biden’s win, and turned to an Enron-era obstruction of justice statute to elevate some of those cases.The Justice… [read post]
29 Jun 2024, 4:08 am by SHG
Under that decision, agency interpretations “constitute a body of experience and informed judgment” that may be “entitled to respect. [read post]
28 Jun 2024, 9:30 pm by Karen Tani
Here’s how ‘juries of matrons’ shaped our legal history," by Alice Neikirk, University of Newcastle (The Conversation).From Time's "Made by History": Supreme Court Opinions Don’t Have to Be the End of the Fight for Justice, by Robert Tsai. [read post]
28 Jun 2024, 4:44 pm by Julia Stein
Swift Co., 323 U.S. 134 (1944); Justice Roberts’ Loper Bright majority opinion cites that same case for the proposition that courts may continue to rely on agency interpretations for guidance without owing them any presumption of deference. [read post]
I suspect that courts that want to uphold an agency regulation may rely on Skidmore, and courts that disagree with an agency won’t. [read post]
28 Jun 2024, 2:20 pm by John Stigi and Melissa Mikail
 By seeking to delineate the boundaries of the separation of powers, the Court may have instead obscured them, as agencies navigate the delicate balance of internal administrative authority. [read post]
28 Jun 2024, 1:56 pm by Christopher J. Walker
Chief Justice Roberts, writing for a 6-3 Court, concluded: Chevron is overruled. [read post]
28 Jun 2024, 12:46 pm by Kristen Eichensehr
Although Chief Justice John Roberts’ opinion in Loper Bright Enterprises v. [read post]
28 Jun 2024, 12:23 pm by Guest Author
This has become a recurring, disturbing theme in the Roberts Court’s separation of powers jurisprudence. [read post]
28 Jun 2024, 11:07 am by Ilya Somin
Under that decision, agency interpretations "constitute a body of experience and informed judgment" that may be "entitled to respect. [read post]
28 Jun 2024, 10:44 am by Guest Author
   In dissent, Justice Kavanaugh (joined by Roberts, Sotomayor, and Kagan) found fault with rejecting a bird in the hand. [read post]
They were questioned about their sources for reports published on May 15 and June 13. [read post]
28 Jun 2024, 10:11 am by Amy Howe
Roberts also pointed to the provision’s history as additional support for the majority’s interpretation. [read post]
28 Jun 2024, 9:37 am by Amy Howe
But in a 35-page ruling by Chief Justice John Roberts, the justices rejected that doctrine, calling it “fundamentally misguided. [read post]
28 Jun 2024, 8:00 am by ernst
Second, Chief Justice Roberts is correct: courts did grant permanent injunctions in a vast majority of cases as a remedy for patent infringement. [read post]