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US Supreme Court allows Pennsylvania to count provisional votes for defective mail-in ballots

JURIST

The US Supreme Court rejected Friday an RNC application to stay a recent Pennsylvania Supreme Court decision that grants voters who cast defective mail-in ballots an option to alternatively cast in-person provisional ballots. ” Parties to the opinion jousted over how to interpret Election Code language.

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US Supreme Court rules in favor of healthcare provider in identity theft dispute

JURIST

The US Supreme Court ruled Thursday in Dubin v. United States that in order to constitute aggravated identity theft, the use of a person’s identity must be at the “crux” of what makes the conduct criminal, reversing a lower court decision.

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Court takes up New York man’s bid for compassionate release

SCOTUSBlog

The government appealed to the U.S. Court of Appeals for the 2nd Circuit, which reversed the district courts decision. The court of appeals interpreted Fernandezs argument that he is potentially innocent as a challenge to the validity of his conviction. The federal government urged the justices to deny review.

Court 135
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Supreme Court likely to let vape company’s FDA challenge proceed

SCOTUSBlog

Indeed, Roberts reflected, when the whole point of the governments inquiry in deciding whether to grant or deny marketing authorization is whether the products will be sold to the public, the retailers might be the most likely people to challenge the denial of authorization. The government gets sued in a lot of places, she noted.

Court 110
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Supreme Court Rules Bribery Statute Doesn’t Criminalize Gratuities for Past Acts

Constitutional Law Reporter

As enacted in 1984, the statute at issue in the case, 18 U.S.C. Justice Kavanaugh cited that six reasons that, taken together, led the Court to conclude that §666 is a bribery statute and not a gratuities statute—”text, statutory history, statutory structure, statutory punishments, federalism, and fair notice.”

Statute 52
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Sabin Center Files Amicus Brief in New York’s Highest Court Supporting New York City’s Local Law 97

ClimateChange-ClimateLaw

Field preemption is a type of preemption that occurs when a higher level of government has regulated so comprehensively in an area as to exclude lower levels of government from regulating in the area, creating state uniform regulation. Field preemption can be express or implied. As explained in DJL Rest.

Laws 59
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Supreme Court Rules Federal Agencies Can Be Sued Under Fair Credit Reporting Act

Constitutional Law Reporter

1681n and 1681oauthorize suits for damages against “any person” who violates the FCRA, and §1681a expressly defines “person” to include “any” government agency. Supreme Court’s Decision The Supreme Court unanimously affirmed. “[W]e government. government. It held that the USDA could be sued because 15 U.