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Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. At this Friday’s conference, the Supreme Court will thus begin the process of considering what cases to review next fall during October Term 2022. The district court and U.S. What’s the difference ?

Court 102
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New California Legislation Would Be a Major Step Forward for Climate Disclosure

ClimateChange-ClimateLaw

The Securities and Exchange Commission regulations on climate disclosure, first proposed in March 2022 and likely to be issued in final form in October 2023, [1] have drawn considerable controversy and face an uncertain fate in the inevitable litigation. [2] 4] The new corporate climate disclosure bills may well continue that tradition.

Laws 98
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The SEC’s Final Climate Disclosure Rule Must Respond to Emerging Legal Risks

ClimateChange-ClimateLaw

This blog post explores how the litigation landscape has developed since the SEC proposed the rule, and discusses the implications of several developing cases and doctrines. Together, these matters suggest a volatile litigation landscape that the SEC will have to navigate thoughtfully as it finalizes and defends the climate disclosure rule.

Legal 62
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The Major Questions Doctrine is a Fundamental Threat to Environmental Protection. Should Congress Respond?

ClimateChange-ClimateLaw

In the year since the Supreme Court embraced the “major questions doctrine” (MQD), industry and Republican state attorneys general have argued that federal regulations ranging from stricter vehicle emissions standards to climate change disclosures must be struck down under its banner. Env’t Prot.

Statute 81
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Profile of a potential nominee: Ketanji Brown Jackson

SCOTUSBlog

Court of Appeals for the District of Columbia Circuit, to fill the vacancy left by the retirement of Justice Stephen Breyer, he will take his mission to diversify professional representation to the next level, putting a former federal public defender on the highest court in the land. Sentencing Commission. Sentencing Commission.