Remove Administrative Law Remove Court Remove North Carolina
article thumbnail

Court holds disparate fees in business bankruptcy cases unconstitutional

SCOTUSBlog

Since 1986, in all states other than Alabama or North Carolina, those cases have been administered by the U.S. In Alabama and North Carolina, by contrast, the cases have been administered by trustees appointed by the judicial branch. Justice Sonia Sotomayor’s brief opinion for the court treated the case as a simple one.

Court 103
article thumbnail

US Supreme Court rejects North Carolina’s ‘independent legislature’ theory

JURIST

The US Supreme Court ruled Tuesday in Moore v. The theory stipulates that state legislatures retain exclusive authority over the administration of elections; therefore, state courts are not allowed to intervene, even if the law in question violates the state constitution.

Court 211
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Affirmative action cases up first in November argument calendar

SCOTUSBlog

Share The Supreme Court will kick off its November argument session with the highest-profile cases of that session: challenges to the consideration of race in the admissions process at Harvard and the University of North Carolina. University of North Carolina and Students for Fair Admissions v. 11, to Nov.

article thumbnail

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 ?

Statute 103
article thumbnail

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

SCOTUSBlog

Share The Supreme Court will hear oral arguments on Tuesday in a clash over whether a North Carolina-based company can challenge the Food and Drug Administrations denial of its application to market e-cigarettes in the conservative U.S. Court of Appeals for the 5th Circuit, based in Louisiana. The company, R.J.

article thumbnail

No Laughing Matter: The Third Circuit Reverses NLRB Sanction Over Joke

JonathanTurley

In a highly controversial opinion, NLRB administrative law judge, Kenneth Chu , ruled against The Federalist. The United States Court of Appeals for the Third Circuit just overturned Chu and stated the obvious: it was a joke. Nevertheless, Judge Chu found a violation of labor laws. It was a stupid and offensive tweet.

article thumbnail

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 85