This issue keeps popping up in litigation against the Trump Administration. The Supreme Court should resolve this question.
Students can never again complain about word limits.
Will the Great Chief Justice be given the Roger Taney Treatment?
And panel agrees with Justice Kavanaugh that "five Members of the Court reject[ed] the Whole Woman’s Health cost-benefit standard."
Professor Bruce Hay sued an LLC in diversity jurisdiction, but failed to note the citizenship of each member of the LLC.
The Hamilton-Lincoln Law Institute files suit in EDPA on behalf of a FIRE attorney who speaks at CLE events on "hot-button legal issues."
Evangelicals find a way to pray en masse in Nevada.
Justice Gorsuch's majority opinion may have promoted textualism, but it did not recognize a departure from Stare Decisis.
Here are five steps Chief Justice Roberts can take to bring the Court back in order. If by next July, Roberts cannot step up to this challenge—either through his own ineptitude or his own malfeasance—then he should step down from the Court.
Law schools should be very, very careful before imposing loyalty pledges and flawed social science testing on faculty and students.
Universities can ask members of the community to stay safe during the COVID pandemic. But they cannot prescribe what shall be orthodox.
The most important elements of the Supreme Court leaks.
That rule applies to Steve Calabresi, and Student Chapters.
Roberts, Alito, Gorsuch, and Kavanaugh concurred in the grant of the stay. Sotomayor and Ginsburg dissented. What about Justices Thomas, Breyer, and Kagan?
Part IV is mostly a rehash of Part III, though we learn that RBG is only telling some of members about her health.
Justices Breyer and Kagan flex their moderate muscles to narrow Guadalupe and Little Sisters, but cannot persuade the stubborn Chief Justice on Espinoza
After two days of hero worship for Chief Justice Roberts and Justice Gorsuch, day three dumps on the Junior Justice.
In the tax return cases, the Trump Appointees "managed to separate themselves from this president but carefully guarded presidential authority for decades to come."
DHS Secretary Wolf Withdrew the 2017 Dukes Memorandum and the 2018 Nielsen Memorandum. Attorney General Barr withdrew the 2014 OLC Opinion on DAPA and Sessions 2017 Letter to Dukes.
Yesterday was pro-Chief Justice Roberts day on CNN. Today is pro-Justice Gorsuch day. Justice Kagan is lurking in the background.
Chief Justice Marshall wrote pseudonymous editorials after McCulloch v. Maryland. Justice Stewart wrote a letter to the editor of the WSJ after Jones v. Alfred H. Mayer Company.
Why are "multiple sources familiar with the inner workings of the court" talking to the press?
Law schools can help their students present better interviews over videoconferences.
Could the House or Senate require Federal Judges To testify why they declined to recuse in a case?
Justice Kavanaugh's dissent cogently explains why the Chief Justice erred in South Bay. The Chief Justice has no response.
This statute would obviate the statutory analysis in Trump v. Hawaii.
Justice Gorsuch needs to account for both text and precedent when interpreting old statutes.
The reporter made a good-faith mistake based on an incomplete PACER download. Judge Callahan should apologize.
Nationwide, 80% of first-time test takers pass the bar exam, and 90% will pass within two years. But 10% of takers will not have passed after two years, and some will never pass.
I try to make sense of the votes in the Faithless Electors Cases and the Creek Nation Cases
Judges Luck and Logoa (CA11) asked questions about a Florida law while they were serving on the Florida Supreme Court, but did not decide the case.
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