Diane Drain

DECEMBER 31, 2020

The following is reprinted for educational purposes only. It is possible that these interpretations of the new Act will change with new legislation or court decisions, so never assume what you read one day will be interpreted the same way the next day. Below are brief descriptions of each of these amendments.

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SCOTUSBlog

APRIL 16, 2021

Share Are Alaska Native corporations — special corporations that Congress created in 1971 when it resolved Native claims in Alaska — “Indian tribe[s]” under the Indian Self-Determination and Education Assistance Act? On Monday, the Supreme Court will hear argument on that question in Yellen v.

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Constitutional Law Reporter

AUGUST 2, 2023

Relying on “ordinary tools of statutory interpretation,” the six-member majority found that the Secretary of Education lacked authority under the HEROES Act to implement the loan cancellation plan. The Secretary has not truly waived or modified the provisions in the Education Act authorizing specific and limited forgiveness of student loans.

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Conflict of Laws

JUNE 7, 2023

Mr. Lortie explained that the recent US Supreme Court decision of Golan v. 2 Intermediate People’s Court, involving a German father and Chinese mother. He emphasised the importance of education and states’ responsibilities to implement solutions to combat DV on a domestic level.

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Constitutional Law Reporter

SEPTEMBER 16, 2024

In Department of Education v. Facts of the Case Title IX provides that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Louisiana , the U.S.

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SCOTUSBlog

JANUARY 12, 2022

Moving on to potential blockbusters that don’t explicitly call on the court to overrule precedent. Environmental Protection Agency , 21-454 , is a long-running Clean Water Act dispute that has already been the subject of one major Supreme Court decision. Issues : (1) Whether the Supreme Court should overrule Grutter v.

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SCOTUSBlog

MARCH 28, 2025

In 2016, Catholic Charities sought an exemption from having to pay a Wisconsin unemployment tax for its employees, arguing that they fall within a provision of the statute that carves out from the definition of employment anyone who works for (as relevant here) an organization operated primarily for religious purposes.

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ClimateChange-ClimateLaw

OCTOBER 20, 2020

1442, or the civil-rights removal statute, 28 U.S.C. The district court rejected eight grounds for removal, but the Fourth Circuit concluded its appellate jurisdiction was limited to determining whether the companies properly removed the case under the federal-officer removal statute. Mayor & City Council of Baltimore , No.

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SCOTUSBlog

JANUARY 25, 2022

Share For obvious reasons, the Supreme Court’s decision on Monday to grant certiorari in a pair of cases challenging race-based affirmative action in higher education drew major headlines. Less well noticed was a curious procedural feature of the second case, Students for Fair Admissions v. University of North Carolina.

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SCOTUSBlog

APRIL 28, 2025

And the school will be a government entity, it found, without any right to the free exercise of religion, because it will act as a surrogate of the State in providing free public education. The school and the charter school board came to the Supreme Court in October, asking the justices to weigh in.

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SCOTUSBlog

DECEMBER 31, 2020

Cohen – who first met the Lovings when he was just 29 – filed a lawsuit on their behalf, challenging the Virginia law and similar state statutes as violating the 14th Amendment. He and his co-counsel, Philip Hirschkop, took the case to the Supreme Court. Virginia , the court did find the statute unconstitutional.

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SCOTUSBlog

JANUARY 23, 2025

While the Supreme Court routinely throws out lower-court decisions granting prisoners habeas relief, its fairly uncommon for the justices to summarily grant relief to habeas petitioners. Relisted after the Jan. 10 and Jan. 17 conferences.)

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ClimateChange-ClimateLaw

MARCH 19, 2025

4] Canadas statute is an updated version of what have been called constituency statutes in the United States, which explicitly expand the fiduciary duties of corporate managers and directors beyond shareholders but do not usually include the environment among allowable factors, except in Arizona and Texas. [5]

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SCOTUSBlog

NOVEMBER 30, 2021

Three Republican senators – Josh Hawley of Missouri, Mike Lee of Utah, and Ted Cruz of Texas – write that a precedent can be unworkable due to “a history of confusion in the lower courts, an unstable pattern of Supreme Court decisions, and a persistent lack of judicially manageable standards.” YWCA USA, Girls Inc.,

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JonathanTurley

JULY 12, 2022

Professor Feldman is attacking the very essence of higher education as a place for pluralistic and diverse viewpoints. But in more ordinary times, ordinary legal practice and legal education can grapple with these issues. Last term’s Supreme Court decisions are just the most recent high-profile evidence for this.

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ClimateChange-ClimateLaw

SEPTEMBER 10, 2021

The New Jersey court also found no basis for Grable jurisdiction, rejecting the companies’ arguments that the City’s claims necessarily raised substantial and actually disputed issues of federal law such as First Amendment issues or issues addressed by federal environmental statutes. Minnesota v. American Petroleum Institute , No.

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SCOTUSBlog

DECEMBER 3, 2021

In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Court decision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow.

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SCOTUSBlog

JANUARY 16, 2025

Court of Appeals for the 6th Circuit affirmed , holding that because a federal agency now has the final say over how the private horse-racing authority implements the federal statute, the amended law did not impermissibly delegate authority to a private entity. In a one-paragraph order, the justices granted the authoritys request.

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Above The Law

MARCH 21, 2025

In a series of recent decisions, federal courts across the United States have addressed a range of significant legal issues, from civil rights and constitutional law to administrative authority and criminal justice. Another recurring theme is the courts willingness to engage directly with controversial issues, such as in Vota v.

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LegalTalkNetwork

JULY 10, 2024

This decision overturned a fundamental 1984 precedent known as Chevron v. The Chevron ruling mandated that courts defer to agencies’ reasonable interpretations of unclear statutes. In recent years, the Chevron ruling has been losing support at the Supreme Court, with several justices attacking it.

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SCOTUSBlog

APRIL 1, 2025

Talevski , the court ruled (by a vote of 7-2) that nursing-home residents could use federal civil rights laws to enforce two provisions of the Federal Nursing Home Reform Act that clearly granted individual rights.

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ClimateChange-ClimateLaw

JUNE 8, 2021

Supreme Court held that the Fourth Circuit Court of Appeals erred when it concluded that its review of the remand order in Baltimore’s climate change case against fossil fuel companies was limited to determining whether the defendants properly removed the case under the federal officer removal statute.

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ClimateChange-ClimateLaw

JULY 2, 2021

The Court held that the provision used “extension” in its “temporal sense,” but that the statute did not impose a “continuity requirement” and instead allowed small refineries to apply for hardship extensions “at any time.” In re Enbridge Energy, LP , Nos.

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SCOTUSBlog

JANUARY 10, 2025

This week, we highlight a number of those petitions the justices are set to consider, seeking review of lower court decisions on student-loan forgiveness, the constitutionality of federal agencies, and more. Student-loan forgiveness Another 5th Circuit ruling led to the governments petition in Department of Education v.

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SCOTUSBlog

FEBRUARY 21, 2023

Nebraska and Department of Education v. If the statute is ambiguous, courts must presume that Congress have not given the agency the power in question. Several court decisions ruled against Trump on the merits. Share This article is part of a symposium on the upcoming arguments in Biden v.

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