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15 Sep 2021, 5:52 am by Howard Bashman
Breyer’s appearance on last night’s show: The video clips are titled “Justice Breyer Reveals Why He Didn’t ‘Respectfully’ Dissent The SCOTUS Ruling On Texas,” “‘It’s Up To The High School Students’ — Justice Breyer On The Future Of America’s Institutions,” and “Justice Stephen Breyer Addresses Speculation About His Retirement Plans. [read post]
15 Sep 2021, 4:30 am by Eric Segall
Kagan's misleading sound bite, along with Balkin's attempts to transform living constitutionalism into originalism, have just made it more difficult to see SCOTUS clearly. [read post]
14 Sep 2021, 9:10 am by Robert Thomas (
Does Penn Central provide an adequate rule of law to guide federal and state courts in determining whether a compensable Fifth Amendment regulatory taking has occurred? [read post]
13 Sep 2021, 6:59 am by Howard Wasserman
That has not happened in the current stand-off following SCOTUS's (proper) refusal to enjoin enforcement of the law pending review. [read post]
13 Sep 2021, 4:22 am by SHG
But these rulings are spun as distractions rather than, you know, rulings, to calm us before the inevitable sky falls. [read post]
10 Sep 2021, 4:28 pm by Howard Bashman
” You can access today’s ruling of a partially divided three-judge panel of the U.S. [read post]
9 Sep 2021, 5:45 am by Chris Williams
What's Sleepy SCOTUS™ gonna do next? [read post]
9 Sep 2021, 4:38 am by SHG
But I similarly accept the premise that our nation cannot function without acceptance of the Supreme Court’s rulings, no matter how wrong I think they are. [read post]
7 Sep 2021, 5:30 am by Chris Williams
[Reuters] * DOJ is using Freedom of Access to Clinic Entrances Act to save face after SCOTUS showed they don’t care about the rule of law. [read post]
7 Sep 2021, 5:20 am by Michael C. Dorf
Supreme Court also bears substantial responsibility.Much of the SCOTUS responsibility arises out of its refusal to grant interim relief last week. [read post]
7 Sep 2021, 5:00 am by John Jascob
If the settlement becomes final, the court will jointly move the Court for voluntary dismissal pursuant to its rules. [read post]
6 Sep 2021, 5:18 pm by Kurt R. Karst
” Judge Prost warns that this ruling could prevent a less-expensive generic product from coming to market even though the drug itself and other uses of it were unpatented. [read post]
4 Sep 2021, 7:32 am by Howard Wasserman
But this reflects two distinct concerns: Incurring ultimate liability because SCOTUS rules against them at the end of the day and having to satisfy and comply with a judgment before they have an opportunity to fully litigate the issues. [read post]
2 Sep 2021, 4:48 am by Michael C. Dorf
In particular, this order is not based on any conclusion about the constitutionality of Texas’s law, and in no way limits other procedurally proper challenges to the Texas law, including in Texas state courts.That's technically true and more or less what I predicted the Court would say when I talked to reporters yesterday (e.g., here) about the puzzling delay in ruling. [read post]
1 Sep 2021, 10:18 pm by Josh Blackman
Justice Sotomayor also faulted the Court for not ruling on Tuesday before midnight. [read post]
1 Sep 2021, 12:32 pm by Josh Blackman
Granted, the Supreme Court justices are not bound by the code of judicial conduct, but they generally purport to follow the rules. [read post]
1 Sep 2021, 8:12 am by Tom Smith
The law bans — sort of — any abortion after a fetal heartbeat has been detected, a stage that arrives at roughly six weeks into a pregnancy: A controversial Texas law that bars abortions at six weeks went into effect early Wednesday morning after the Supreme Court and a federal appeals court failed to rule on pending emergency requests brought by abortion providers. [read post]
31 Aug 2021, 5:45 am by Chris Williams
Rule of Law profs: speak on this in your classrooms. [read post]
30 Aug 2021, 4:40 am by Ralph T. Wutscher
In a per curiam opinion, the Supreme Court of the United States recently held that the Director of the Centers for Disease Control and Prevention (CDC) exceeded its authority when it "imposed a nationwide moratorium on evictions of any tenants who live in a county that is experiencing substantial or high levels of COVID–19 transmission and who make certain declarations of financial need. [read post]