Constitutional Law Reporter

AUGUST 2, 2023

Nebraska , 600 U.S. _ (2023), the U.S. Supreme Court struck down the Biden Administration’s student loan forgiveness program. The district court denied the States’ motion for a preliminary injunction and dismissed the case for lack of jurisdiction after determining none of the States had standing to bring the lawsuit.

Court 52

Court Education Drafting Legal 52

SCOTUSBlog

APRIL 26, 2023

The Biden administration filed a “friend of the court” brief in which it agreed with Tyler that the county’s actions violated the takings clause. These are big questions,” Sotomayor said, asking Martin why the court should address the federal government’s argument at all. The court, she urged, should vacate the decision by the U.S.

Real Estate 142

Real Estate Government Court Statute 142

ClimateChange-ClimateLaw

AUGUST 8, 2023

5] For the reasons discussed below, more firms – and their legal and other advisers– should follow them. 9] The proposed legislation in California is both legally solid and helpful for making climate progress. Academic readers of this blog should too! 46] The U.S.

Laws 98

Laws Law School Government Legal 98

SCOTUSBlog

JANUARY 6, 2022

Share With over 100,000 Americans hospitalized for COVID-19 as a result of the highly contagious Omicron variant, the Supreme Court will hear oral argument Friday in two sets of challenges to the Biden administration’s authority to take action to combat the pandemic. In the first case, National Federation of Independent Business v.

Court 143

Court Government Healthcare Drafting 143

SCOTUSBlog

FEBRUARY 17, 2022

Justice Stephen Breyer’s retirement from the Supreme Court at the end of this term will mark the end of an era. Both he and Justice Ruth Bader Ginsburg — who untimely passed early in the 2020-21 term — shared similar ideological perspectives, approaches to judicial review, and paths to the Supreme Court. A close reading of Stenberg v.

Stare Decisis 129

Stare Decisis Court Laws Drafting 129

ClimateChange-ClimateLaw

DECEMBER 11, 2023

Ultimately, the SEC will have to anticipate these types of legal challenges in finalizing a durable rule. When the SEC initially proposed the rule, the Supreme Court had not yet embraced the Major Questions Doctrine (MQD), a new doctrine that constrains the function of the administrative state. Other legal challenges have also arisen.

Legal 62

Legal Legal Court Statute 62

JonathanTurley

NOVEMBER 27, 2020

In 2020, the cancelation of parades and the reduction of travel has led to a very different legal profile of holiday mishaps and malfeasance. The litigation over last year’s lettuce recall has only just started due to the statute of limitations. Some things are happily left out of the courts.

Tort 32

Tort Statute Criminal Law Court 32

SCOTUSBlog

FEBRUARY 23, 2023

Nebraska and Department of Education v. Elizabeth Slattery is a senior legal fellow at Pacific Legal Foundation , a nonprofit legal organization that defends Americans’ individual liberty and constitutional rights. She’s also the co-host of Dissed , a podcast about the Supreme Court. A preview of the cases is here.

Education 96

Education Court Statute Legal 96

SCOTUSBlog

FEBRUARY 21, 2023

Nebraska and Department of Education v. Formally, the Supreme Court faces two questions in the pair of cases challenging the Biden administration’s initiative to cancel between $10,000 and $20,000 of federal student-loan indebtedness per borrower. If the answer to the first question is no, the court need not reach the second.

Education 91

Education Statute Litigation Litigating 91

JonathanTurley

SEPTEMBER 6, 2021

Below is my column in The Hill on reaction to the refusal of the Supreme Court to enjoin the Texas abortion law. The order of the Court expressly did not reach the merits and certainly did not, as claimed, overturn Roe v. promptly declared that the court “ overturned ” Roe v. Both were legally and factually wrong.

Laws 37

Laws Court Litigation Litigating 37

SCOTUSBlog

FEBRUARY 28, 2023

Share The Supreme Court on Tuesday appeared skeptical of the Biden administration’s student-loan debt-relief program. But the court’s decision could also have a much broader legal impact, affecting when and how states can go to court to challenge federal policies and how courts should interpret other laws giving powers to federal agencies.

Education 145

Education Statute Government Court 145

JURIST

MARCH 26, 2021

Louisiana filed suit in the US District Court for its Western District, leading a cohort comprising Alabama, Alaska, Arkansas, Georgia, Mississippi, Missouri, Montana, Nebraska, Oklahoma, Texas, Utah and West Virginia. ” Wyoming filed a separate complaint in the federal District Court for its own state.

Statute 152

Statute Government Court Legal 152

ClimateChange-ClimateLaw

OCTOBER 19, 2023

In the year since the Supreme Court embraced the “major questions doctrine” (MQD), industry and Republican state attorneys general have argued that federal regulations ranging from stricter vehicle emissions standards to climate change disclosures must be struck down under its banner. Env’t Prot.

Statute 81

Statute Court Government Administrative Law 81

SCOTUSBlog

FEBRUARY 21, 2023

Nebraska and Department of Education v. 28, the Supreme Court will hear oral arguments in two cases challenging the legality of President Joe Biden’s massive student-loan forgiveness plan. If the statute is ambiguous, courts must presume that Congress have not given the agency the power in question.

Statute 111

Statute Education Court Legal 111