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3 Jul 2024, 10:43 am by Guest Author
Justice Roberts’ majority opinion and Justice Gorsuch’s concurrence disagree about the precise reasons (e.g., Seventh Amendment vs. [read post]
3 Jul 2024, 10:36 am by Angelina Kushnarova
Duncan Robert Kerr Designer at Apple Patent №: D1033413 (July 2, 2024) – Case with earphones. [read post]
3 Jul 2024, 10:06 am by David Cole
As Justice Robert Jackson warned in his dissent in the notorious Korematsu case upholding the federal government’s internment of Japanese Americans, the court’s opinion sits like a loaded weapon for future presidents, who can now avoid criminal liability for all manner of criminal ends so long as they do so through arguably “official” authorities. [read post]
3 Jul 2024, 10:06 am by David Cole
As Justice Robert Jackson warned in his dissent in the notorious Korematsu case upholding the federal government’s internment of Japanese Americans, the court’s opinion sits like a loaded weapon for future presidents, who can now avoid criminal liability for all manner of criminal ends so long as they do so through arguably “official” authorities. [read post]
3 Jul 2024, 9:43 am by Josh Blackman
"This term she overtook Roberts as the Republican appointee casting the highest percentage of liberal votes in divided cases. [read post]
3 Jul 2024, 9:08 am by Jonathan H. Adler
If Congress cannot regulate or control certain exercises of executive power (that power which falls in the first box of Justice Robert Jackson's Youngstown Steel concurrence), then it follows that such exercises of executive power cannot be criminalized. [read post]
In a 6-3 majority opinion written by Chief Justice Roberts, the Court rejected Chevron as inconsistent with the vision of the Founders and the imperative expressed in Marbury v. [read post]
3 Jul 2024, 8:00 am by Alysa Z. Hutnik
Jared Polis, AG Phil Weiser and Senate Majority Leader Robert Rodriguez acknowledged that “a state by state patchwork of regulation” on AI poses “challenges to the cultivation of a strong technology sector” and promised to engage in a process to revise the new law to “minimize unintended consequences associated with its implementation. [read post]
3 Jul 2024, 6:25 am by Adam Klasfeld
  “The President is not above the law,” Roberts declared. [read post]
3 Jul 2024, 4:00 am by Eric Berger
If you've followed the Roberts Court for a while, you probably weren't too surprised to hear that the Loper Bright v. [read post]
2 Jul 2024, 9:04 pm by Dan Flynn
Chief Justice John Roberts wrote, “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority. [read post]
2 Jul 2024, 8:18 pm by Josh Blackman
Second, Justice Gorsuch echoes a point that co-blogger Jonathan Adler has been making for more than a decade now: the Roberts Court overrules precedent at a much lower rate than the Burger and Warren Courts did: Recent history illustrates all this. [read post]
2 Jul 2024, 2:54 pm by Michael Hoenig
Opinion Breakdown Justice Barrett delivered the decision, in which Justices Roberts, Sotomayor, Kagan, Kavanaugh, and Jackson joined. [read post]
2 Jul 2024, 2:44 pm by David Badertscher
  Our search has  led  to the  essay The 2023-24 Supreme Court That Was – And Wasn’t by Michael C.Dorf, Robert S. [read post]
2 Jul 2024, 2:14 pm by Howard Bashman
“In a Volatile Term, a Fractured Supreme Court Remade America; Amid signs of dysfunction and disarray, Chief Justice John Roberts reasserted his authority, while the influence of Justices Clarence Thomas and Samuel Alito waned”: Adam Liptak of The New York Times has this report. [read post]
2 Jul 2024, 11:49 am by Barbara Lichman
Specifically, the Court in a searing opinion authored by Chief Justice John Roberts, held that (1) the Administrative Procedures Act, 5 U.S.C. 706 et. seq., (“APA”) requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; (2) The courts fulfill that role by recognizing Constitutional delegations, fixing the… [read post]
2 Jul 2024, 11:11 am by Dennis Crouch
The 6-3 decision authored by Chief Justice Roberts explained that the Chevron doctrine, which required courts to defer to “permissible” agency interpretations of ambiguous statutes, is inconsistent with the Administrative Procedure Act (APA). [read post]