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Court holds disparate fees in business bankruptcy cases unconstitutional

SCOTUSBlog

Fitzgerald , unanimously agreeing on Monday that a statute that imposes higher fees on bankruptcy filers in 48 states than in the other two states is so far from “uniform” that it transgresses the Constitution’s requirement that Congress provide “uniform Laws on the subject of Bankruptcies throughout the United States.”.

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

JURIST

Harper that the “ independent legislature ” election theory, which has been the legal foundation for many of the recent Republican-led efforts to change election administration law and overturn 2020 election results, is an invalid interpretation of the Election Clause of the Constitution. Reno and Cooper v.

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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. The court moved Mallory v.

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

SCOTUSBlog

Morrissey-Berru , under which employees deemed “ministers” of religious institutions are not covered by various employment and discrimination laws. Federal Trade Commission , 21-86 , involves the manufacturer of the law-enforcement device immortalized in the formerly trademarked phrase, “ Don’t tase me, bro! Axon Enterprise, Inc.

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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. The law at the center of the case is the Family Smoking Prevention and Tobacco Control Act.

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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. Nevertheless, Judge Chu found a violation of labor laws. One such campaign led to a truly tragic outcome with criminology professor Mike Adams at the University of North Carolina (Wilmington).

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

ClimateChange-ClimateLaw

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. The challenge of meeting changing conditions in administrative law is known as the pacing problem: scientific and technological developments will nearly always outstrip the pace of government oversight. Env’t Prot.

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