ClimateChange-ClimateLaw

DECEMBER 23, 2024

Last Friday, December 20, 2024, the Sabin Center submitted an amicus brief to the New York State Court of Appeals the states highest court in support of the City of New York in Glen Oaks Village Owners, Inc., City of New York began in 2022, when a group of cooperative apartment owners filed suit seeking to invalidate Local Law 97.

Laws 59

Laws Court Litigating Litigation 59

The Volokh Conspiracy

JUNE 26, 2025

The Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County was an important step toward reorienting enforcement and implementation of the National Environmental Policy Act (NEPA) in line with the actual text of the statute. Last month, however, the Supreme Court took notice.

Court 49

Court Statute Court Decisions Government 49

The Volokh Conspiracy

JUNE 25, 2025

In Christian , New York's attorney argued that "if 99% of a law is unconstitutional, but is 1% ok," it is valid because it has a constitutional application. But the question is whether the law at issue , not some other actual or theoretical law, can be constitutionally applied based upon the historical record supplied by the government.

Statute 71

Statute Drafting Government Court 71

SCOTUSBlog

JANUARY 13, 2025

Share A trade group for the adult entertainment industry will appear at the Supreme Court on Wednesday in its challenge to a Texas law that requires pornography sites to verify the age of their users before providing access for example, by requiring a government-issued identification. 1181, in June 2023. Senior U.S.

Court 118

Court Entertainment Technology Government 118

Constitutional Law Reporter

JULY 8, 2025

Supreme Court held that the Mexican government can’t hold gun manufacturers liable for aiding and abetting gun trafficking and drug cartels that have injured Mexico. Facts of the Case The Protection of Lawful Commerce in Arms Act (PLCAA) bars certain lawsuits against manufacturers and sellers of firearms.

Manufacturing 52

Manufacturing Court Statute Constitutional Law 52

Above The Law

JUNE 3, 2025

In this article, I analyze all 104 closely divided Supreme Court decisions from 2020 onwardthe Barrett eraeach decided by either a 54 or 63 vote. These variables were one-hot encoded and combined with the text vectors to produce fused clusters: data-driven issue areas informed by both language and law.

Metadata 93

Metadata Legal Legal Court 93

SCOTUSBlog

DECEMBER 31, 2024

Although Roberts did not mention any of the hostile foreign state actors responsible for such disinformation by name, the justices will hear oral arguments next week in a challenge to a federal law that would require social media giant TikTok to shut down in the United States unless its parent company can sell it off by Jan.

Court 121

Court Statute Government Court Decisions 121

The Volokh Conspiracy

JUNE 27, 2025

The Supreme Court. (NA) NA) Today's 6-3 Supreme Court decision in Trump v. 78, and still today, this statute "is what authorizes the federal courts to issue equitable remedies," S. at 111–112 (opinion of the Court). barring nationwide injunctions is a grave mistake. in equity," §11, 1 Stat. Bray & E.

Government 145

Government Immigration Court Court Decisions 145

The Volokh Conspiracy

JULY 15, 2025

Rule 23 is the provision of federal law governing such class action litigation. Perhaps the best way to understand what's going on with it is by first revisiting the concurring opinion written in the nationwide injunctions case last month by Justice Brett Kavanaugh. "In

Court 130

Court Legal Legal Statute 130

SCOTUSBlog

MARCH 6, 2025

In 1993, William Neilly was sentenced in Michigan state court to life without the possibility of parole for a homicide he committed as a juvenile. Because of intervening Supreme Court decisions prohibiting the imposition of no-parole life sentences for juvenile offenders, he was resentenced to a lesser sentence.

Court 96

Court Attorney Laws Government 96

SCOTUSBlog

JUNE 2, 2025

Federal court rulings on the merits, they wrote, regardless of outcome, promote public confidence that federal elections are being conducted fairly, with integrity, and in accordance with the law. But the Court does not grant review to correct factbound errors, it emphasized and in any event, the lower courts decision was correct.

Court 107

Court Statute Contract Government 107

ClimateChange-ClimateLaw

MARCH 19, 2025

At a recent Columbia Law School colloquium, jointly sponsored by the Sabin Center and the Millstein Center, participants posed a foundational question: How do corporate law standards of fiduciary duty relate to what scientists call the climate emergency? [1] 5] Approximately two-thirds of U.S. 5] Approximately two-thirds of U.S.

Statute 59

Statute Government Law School Laws 59

SCOTUSBlog

MAY 29, 2025

The Supreme Court is making good progress in sorting through the current relists. United States , involving the scope of a statute that gives judges discretion to reduce criminal sentences for extraordinary and compelling reasons. Government contractors defenses to torts The GEO Group, Inc. This week it disposed of four.

Government 82

Government Tort Contract Court 82

SCOTUSBlog

JANUARY 16, 2025

Until 2020, the horse-racing industry was governed primarily by the states, resulting in a patchwork of differing regulations. But in response to legal challenges, Congress amended the law in 2022 to give the FTC the power to make changes to the authoritys rules. The district court dismissed both claims.

Tort 103

Tort Statute Court Education 103

ClimateChange-ClimateLaw

MAY 1, 2025

This post is part of a new Climate Law Blog series, 100 Days of Trump 2.0 , in which the Sabin Center offers reflections on the first hundred days of President Trumps second term across a variety of climate-related topics. Third: positive environmental justice decisions are still coming down in the courts.

Government 59

Government Court Construction Drafting 59

SCOTUSBlog

APRIL 2, 2025

Share The Supreme Court on Wednesday was divided over whether Planned Parenthood has a legal right under federal civil rights laws to challenge the order by South Carolinas governor barring abortion clinics, including Planned Parenthood, from participating in Medicaid. Federal law generally bars the use of Medicaid funds for abortions.

Court 65

Court Statute Cause of Action Laws 65

SCOTUSBlog

APRIL 28, 2025

The Oklahoma charter school board that approved the Catholic schools application tells the justices that a state supreme court ruling invalidating its contract with the school violates the Constitution and harms lower-income families. The state supreme court granted that request. It concluded that St.

Court 109

Court Education Government Contract 109

SCOTUSBlog

JUNE 30, 2025

The court had asked the Trump administration for its views in the case, and the federal government had recommended that review be granted. The court also rebuffed the challengers’ argument that under the Supreme Court’s 1970 decision in Pike v. In FS Credit Corp. There is no deadline for the U.S. After the U.S.

Court 126

Court Cause of Action Entertainment Government 126

Above The Law

MARCH 7, 2025

There is plenty of commentary making the rounds regarding yesterdays 5-4 Supreme Court decision confirming that of course a judge can issue a Temporary Restraining Order to maintain the status quo and require USAID pay out the money that it owes to contractors for work already done. Musk freezing the payouts violated the law.

Court 127

Court Contract Government Constitutional Law 127

SCOTUSBlog

FEBRUARY 20, 2025

The case comes two years after the Supreme Courts decision in Students for Fair Admissions v. More recently, the Trump administration has dismantled or challenged diversity, equity, and inclusion initiatives known as DEI — in the federal government and other workplaces. For her sexual orientation claim, the U.S.

Court 127

Court Felony Government Statute 127

Above The Law

FEBRUARY 10, 2025

citizens to anyone who has not “passed all background checks and security clearances and taken all information security training called for in federal statutes and Treasury Department regulations” and ordered any such person who has already copied that data to delete it pending the full hearing on February 14. It’s Q.E.D.

Laws 140

Laws Statute Government Court 140

Above The Law

APRIL 7, 2025

AIDS Vaccine Advocacy Coalition , where she sided with Chief Justice John Roberts and the Courts liberal bloc to reject former President Donald Trumps attempt to freeze nearly $2 billion in foreign aid, has ignited a firestorm of criticism from the MAGA movement and right-wing commentators. In Becerra v. Texas (2021) and Ohio v.

Statute 78

Statute Court Government Immigration 78

SCOTUSBlog

APRIL 17, 2025

Konan sued the USPS under the Federal Tort Claims Act, asserting claims under Texas law for nuisance, tortious interference, conversion, and intentional infliction of emotional distress. The district court dismissed Konans claims, finding them barred by the postal exception. Konan , the government now seeks review. But the U.S.

Tort 93

Tort Litigation Litigating Court 93

The Volokh Conspiracy

JUNE 13, 2025

That's why there "are no twins of the modern felon-in-possession laws" from the Founding. So when people exposed to Agent Orange sued Dow in state court, Dow was able to have the case removed to federal court under the federal-officer removal statute. Second Circuit : We used to hang felons like you.

Court 70

Court Tort Personal Injury Court Rules 70

SCOTUSBlog

MARCH 26, 2025

Congress passed the law to create a national framework for congressional and presidential elections. The law sets specific rules for campaign spending and gives the Federal Election Commission (FEC) broad power to regulate elections under those rules. A quarter-century later, in 2001, the court in FEC v.

Court 90

Court Court Decisions Tort Government 90

The Volokh Conspiracy

JULY 15, 2025

NA In a recent Just Security article, NYU law Prof. Samuel Estreicher and attorney Andrew Babbitt criticize the May 28 Court of International Trade ruling against Trump's IEEPA tariffs, in VOS Selections, Inc. The case is now on appeal before the US Court of Appeals for the Federal Circuit. But CIT did not avoid it!

Court 92

Court Statute Small Business Court Decisions 92

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. DEA , where the court upheld the DEAs denial of psilocybin use under the Controlled Substances Act.

Court 69

Court Contract Government Education 69

JURIST

JUNE 28, 2025

and the Asylum Seeker Advocacy Project (ASAP), along with a group of expectant and recent mothers, amended their lawsuit in the US District Court for the District of Maryland to seek class certification on behalf of all children born in the US on or after February 19, 2025, whose parents are neither US citizens nor lawful permanent residents.

Immigration 232

Immigration Law School Statute Court Decisions 232

SCOTUSBlog

MAY 5, 2025

The Supreme Court on Monday asked the Trump administration to weigh in on a dispute between Exxon Mobil and three Cuban-owned companies stemming from the Cuban governments seizure of property more than a half-century ago. Title III of the law allows U.S. The call for the views of the U.S. solicitor general in Exxon Mobil Corp.

Court 117

Court Cause of Action Government Statute 117

Above The Law

MARCH 7, 2025

She challenges assumptions, pressing lawyers to grapple with broader systemic consequences and the lived experiences behind the law. Their exchanges in oral arguments offer more than just legal analysisthey reveal two distinct visions for how the law should function and who it should protect.

Constitutional Law 104

Constitutional Law Laws Statute Legal 104

SCOTUSBlog

MAY 15, 2025

Although several justices in recent years have expressed skepticism about so-called nationwide injunctions, which bar the government from enforcing a law or policy anywhere in the country, during more than two hours of oral arguments, it was not clear whether a majority of the justices were ready to bar such injunctions altogether.

Government 111

Government Court Legal Legal 111

ClimateChange-ClimateLaw

APRIL 29, 2025

This post is part of a new Climate Law Blog series, 100 Days of Trump 2.0 , in which the Sabin Center offers reflections on the first 100 days of President Trumps second term across a variety of climate-related topics. To read other posts from the series, which will roll out over the course of this week, click here.

Litigation 91

Litigation Litigating Court Government 91

Constitutional Law Reporter

MAY 6, 2025

On March 28, the District Court extended the TROs for up to an additional 14 days. Circuit Court of Appeals denied the Governments emergency motion to stay the orders. The Government then applied to the Supreme Court, seeking vacatur of the orders. The Court agreed to consider the case on an emergency basis.

Cause of Action 52

Cause of Action Court Decisions Court Government 52

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 Dec. 10 and Jan. 17 conferences.) Apache Stronghold v. Relisted after the Jan. 10 and Jan. 17 conferences.)

Court 113

Court Tort Education Contract 113

The Volokh Conspiracy

JULY 5, 2025

The federal government gives money to the states with certain conditions. If the states do not comply with those conditions, the federal government can sue the states or withdraw the funding or do nothing at all. Conversely, if the states object to how the conditions are being enforced, the states can sue the federal government.

Statute 76

Statute Court Government Cause of Action 76

SCOTUSBlog

APRIL 1, 2025

The Medicaid Act was enacted pursuant to Congresss power under Laws under the Constitutions spending clause, which allows Congress to attach conditions to federal funds. Under federal law, Medicaid funds cannot generally be used for abortions. The Supreme Court, it says, has made clear that this is a stringent test.

Court 124

Court Laws Litigation Litigating 124

The Volokh Conspiracy

JULY 6, 2025

Seila Law, 140 S. Rather, reviewing courts must consider a government program holistically, with an eye toward its compatibility with our constitutional history and structure. Yet, in both cases, the Supreme Court reversed. But the court's analogy and associated logic do not work. Adler ed., Ross trans.,

Government 78

Government Court Statute Court Decisions 78