New wrinkles in the ACA litigation – Part II
…of a statute that was amended in 1986 to remove the part of that statute that the Court was interpreting, some of the lower federal courts are ignoring Skinner. Just…
…of a statute that was amended in 1986 to remove the part of that statute that the Court was interpreting, some of the lower federal courts are ignoring Skinner. Just…
…shift the cost to the public. The purpose of the mandate in the Healthcare Act is, in other words, the opposite of the purpose of the judge’s hypothetical wealthy-individuals-must-take-out-a-mortgage-to-buy-a-home statute….
…evidentiary specificity sufficient to prove the case. This defies a longstanding federal statute known as Federal Rule of Civil Procedure 8(a), which explicitly bars dismissals of lawsuits in such grounds….
…Kagan in his opinion in Holder v. Humanitarian Law Project, over a statute criminalizing the provision of ‘material support’ to terror groups. Roberts, while handing the victory to Kagan, repeatedly…
…of whom may not have any relevant training. OACT is by statute and tradition a professional and non-partisan group of technocrats. Sometime after 1983 the role of scoring Social Security…
…speaks as always in everyday language as he ferrets through the statute on the question of whether the US Trustee can object to a bankruptcy reorganization on the grounds that…
…it’s not clear that I actually caused the dude’s death. But from a legal perspective, it’s clear that I’m a murderer. The point of the statute is precisely to punish…
…doctors from using prescriptions to engage in illicit drug dealing but that “the statute manifests no intent to regulate the practice of medicine generally.” Moreover, the Controlled Substances Act (CSA)…
…anti-bipartisan-criticism of the president NSA program?). I missed the beginning, but the last 20 minutes or so were very good — no punches pulled. Here’s an AP story on the…
…The question was whether, when the underlying statute is ambiguous, courts should defer to an administrative agency’s interpretation of its own jurisdiction. The answer was clearly yes, according to Justice…