SCOTUS and the Federal Courts
…Roberts Court has been anything but passive. Rather, the Court’s hard right majority is actively participating in undermining American democracy. Indeed, the Roberts Court has contributed to insuring that the…
You searched for: label/ACA litigation; Thomas More Law Center; Jeffrey Sutton; Sixth Circuit Court of Appeals; Ginni Thomas; Clarence Thomas
How I answered a survey from the Progressive Change Campaign Committee about the Merrick Garland nomination
…the D.C. Circuit rather than on one of the other regional circuit courts, he has never ruled in a habeas-petition case challenging the constitutionality of a state-court criminal conviction, and…
It’s not about regulating markets, after all! It’s about regulating the individual!
…the 11th Circuit court of Appeals in what is broadly viewed as the key ACA lawsuit because the plaintiffs include 26 states and because the trial-court judge, Pensacola-based Roger Vinson,…
Okay, let’s have a show of hands here: How many of you progressives want Obama to nominate a moderate to take Scalia’s seat? Because the Supreme Court should always be comprised only of arch-conservatives and a few moderates. How many want a former prosecutor, on the theory that the federal bench does not already have enough former prosecutors, and because the Supreme Court is just toooo pro-non-white-collar criminal defendant and tooo favorable to civil rights plaintiffs involved in the criminal-justice system?
…awesome accomplishments, are Jeffrey Fisher, the head of Stanford Law School’s Supreme Court Clinic, and Robert L. Wilkins, an Obama appointee on the D.C. Circuit Court of Appeals. Fisher is…
Oil Exploration Louisiana
…such office.” In affirming the District Court’s order denying removal, the U.S. Court of Appeals for the 5th Circuit ruled that although the oil companies may have been “acting under”…
Special Counsel Jack Smith’s Opening Brief is Due in the Eleventh Circuit this Tuesday
That is unless he changes his mind. You have to remember; Justice Clarence Thomas dropped an open hint that Special Council Jack Smith’s appointment may not be legitimate. AG Merrick…
Anthropomorphic Mexico
…another under the laws of this country. But due entirely to a set of Supreme Court-concocted legal “doctrines” in civil cases and the lower federal courts’ all-encompassing interpretations of it,…
Supreme Court analysis: Donald Trump CECOT plan runs into wall
…not wait for the U.S. Court of Appeals for the 5th Circuit to opine on the due process question. Instead, it leapt over the 5th Circuit and decreed that the Trump administration…
Trump’s Tariffs exceeded his power under IEEPA
…Circuit upheld the Court of Interntional Appeals ruling by a vote of 7-4. “Group of small businesses calls on Supreme Court to decide tariffs case,” SCOTUSblog. With that being said,…
Defying the Supreme Court: an idea whose time has not come
…tame the Court is through politics: Democrats need to discredit the Court, win elections, and bring the Court under control through recognized constitutional procedures – legislation, jurisdiction-stripping, court-packing, term-limits, etc. …