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Brnovich, election-law tradeoffs, and the limited role of the courts

SCOTUSBlog

Arizona “generally makes it quite easy for residents to vote.” Democratic National Committee set the path for the six-justice majority of the Supreme Court to reject challenges to two Arizona laws. And it is the latest in a string of cases pushing the federal courts out of second-guessing state election laws.

Laws 102
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In “odd” clash of statutory text and habeas precedent, three conservative justices seem undecided

SCOTUSBlog

Arizona Solicitor General Brunn Roysden III started out, predictably, by emphasizing AEDPA’s text, arguing that the issue before the court is “fundamentally a question of statutory interpretation.” The question raised in Shinn v. Kavanaugh shot back, “Assuming we don’t do that, what’s your next answer?”.

Statute 102
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Conservative majority hollows out precedent on ineffective-counsel claims in federal court

SCOTUSBlog

Although the Supreme Court’s 2012 decision in Martinez v. Ryan permitted defendants to raise such claims for the first time in federal court, on Monday the court ruled 6-3 that they cannot develop evidence to support those claims. Court of Appeals for the 9th Circuit.

Court 145
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Twelve cases added to Supreme Court calendar

SCOTUSBlog

On Friday, the justices agreed to decide whether the Nollan / Dolan test applies to a California man’s challenge to a development fee, or whether – as a California appeals court ruled – the fee is instead immune from such review because it was authorized by legislation. A federal appeals court ruled that Fikre’s case was not moot.

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In back-to-back cases, justices will scrutinize traditional limits on challenges to agency proceedings

SCOTUSBlog

In both cases, the targets of agency proceedings want to challenge the legitimacy of those proceedings right away in federal court, rather than having to await the outcomes of long-running administrative processes before getting their day in court. SEC that the ALJ’s appointment was unlawful.

Statute 113
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Ninth Circuit Holds Berkeley’s Gas Ban Preempted by U.S. Energy Policy & Conservation Act

ClimateChange-ClimateLaw

Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Court ruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.

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Palin v. NYT: New Evidence Suggests the New York Times Ignored Internal Objections to Palin Editorial

JonathanTurley

The trial began with the introduction of evidence that the New York Times editorial board ignored internal objections to publishing the 2017 column linking Palin to the 2011 shooting in Tucson, Arizona in which then-U.S. In order to prevail, a litigant must show either actual knowledge of its falsity or a reckless disregard of the truth.

Tort 51