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The Myth Of The Modern Swing Vote

Above The Law

In this article, I analyze all 104 closely divided Supreme Court decisions from 2020 onwardthe Barrett eraeach decided by either a 54 or 63 vote. To answer this, I combined full-text analysis of opinions with voting data, legal metadata, and case structure. The question: does a swing justice still exist?

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The Real A.C.B.

Above The Law

CNN noted that prominent legal figures like Leonard Leo of the Federalist Society have argued that the criticism is an overreaction to a procedural ruling, not a substantive one. Arkansas Teachers Retirement System making for one case in 2020, two in 2021, two in 2022, and one in 2023 showing no great increase over her time on the Court.

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Judge Told Trump And Musk To Follow The Law For A Week. They’re Calling It Tyranny.

Above The Law

.” These protestations may be disingenuous coming from judges who relish issuing orders without written opinions, but entirely correct that the most damning takedowns of shoddy, politically motivated court decisions are those grounded in the text of an opinion.

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DOJ Position on Administrative Law Judges

FDA Law

Hull Late last month, the Department of Justice filed a short statement regarding administrative law judges (ALJs). For an in-depth review of the history of ALJs and the removal protections enacted by the APA, see Brief of Amicus Curiae Federal Administrative Law Judges Conference 8-20, SEC v. Jarkesy , No.

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Menthol vapes and forum shopping, FDA tobacco control comes before justices

SCOTUSBlog

If the lower courts decision allowing RJR Vapors case to go forward stands, the FDA says, other manufacturers will also try to get around the restrictions that federal law imposes on where such challenges can be filed. Although the dispute may seem like a technical one, the FDA contends that the stakes are high.

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Circuit Scoop — February 2025

Above The Law

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. Area of Law: Constitutional Law, Civil Rights, Federal Authority: 25 points.

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Divided By Principle: How Justices Barrett And Jackson Are Shaping The Future Of Constitutional Law

Above The Law

(Photo by Chip Somodevilla/Getty Images) Supreme Court oral arguments are more than just legal debatestheyre a high-stakes battleground where justices reveal their philosophies, test the strength of arguments, and sometimes, subtly try to persuade their colleagues. She also considers strategic behavior in shaping legal outcomes.