SCOTUSBlog

JANUARY 20, 2022

In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. Next up is Texas v. Commissioner of Internal Revenue , 21-379.

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Statute Court Education Administrative Law 102

Constitutional Law Reporter

AUGUST 2, 2023

Nebraska , 600 U.S. _ (2023), the U.S. The HEROES Act allows the Secretary to ‘waive or modify’” provisions of the student aid laws, “but does not allow the Secretary to rewrite that statute to the extent of canceling $430 billion of student loan principal,” Chief Justice John Roberts wrote on behalf of the Court. In Biden v.

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Court Education Drafting Legal 52

JURIST

MAY 6, 2024

A statement from the ICC Prosecutor’s Office made Friday noted that “significant public interest” surrounding present cases encouraged dialogue but warned against individuals threatening to retaliate against any actions of the court, which is prohibited under Article 70 of the Rome Statute , to which the US is not a party.

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SCOTUSBlog

DECEMBER 3, 2024

The federal government joined the case, relying on a federal law that allows it to do so in cases involving equal protection “if the Attorney General certifies that the case is of general public importance.” The federal government and the families also point to the Supreme Court’s 2020 decision in Bostock v. of adults and 1.4%

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ClimateChange-ClimateLaw

AUGUST 8, 2023

51] That doctrine only applies to federal regulations, however, not to state statutes, so it does not pose a danger to the two California bills. Gray, Mayer Brown LLP, “SEC’s Climate Risk Disclosure Proposal Likely to Face Legal Challenges,” Harvard Law School Forum on Corporate Governance, May 10, 2022, [link]. [3]

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Laws Law School Government Legal 98

JonathanTurley

SEPTEMBER 6, 2021

Carhart struck down a partial-birth abortion law in Nebraska. Biden may magnify those problems by pledging a “whole-of-government response” to the court’s order. However, the range of permissible state action is likely to be decided not by Congress but by the court, based not on a Texas law but on a Mississippi statute.

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ClimateChange-ClimateLaw

OCTOBER 25, 2024

The Republican-led “anti-ESG” (environmental, social, governance) movement over the last two years has largely been a legislative effort, comprised primarily of state-level bills that attempt to halt the consideration of climate risk and other commonplace factors in investment decisions connected with government funds, contracts, and pensions.

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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.

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Statute Government Court Legal 152

SCOTUSBlog

FEBRUARY 28, 2023

Nebraska and was filed by six states with Republican attorneys general. The loan-forgiveness program, Nebraska Solicitor General James Campbell told the justices, “threatens to cut MOHELA’s” funding by nearly 40%. Both DeVos and the Biden plan relied on the HEROES Act, a law passed after the Sept.

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ClimateChange-ClimateLaw

OCTOBER 19, 2023

Agency rulemaking across the federal government – from fiduciary duties and antitrust enforcement , to telecommunications and the authority of the FDA , to immigration policy and nuclear waste storage, among many other issues – has been challenged as unlawful under the principles of the MQD. As Justice Kagan points out in her Biden v.

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Statute Court Government Administrative Law 85

SCOTUSBlog

JANUARY 6, 2022

By contrast, the government emphasizes, because the harms to the public from blocking enforcement of the mandate “would be enormous,” the court should at the very least leave the mask-or-test requirement in place even if it puts the vaccine requirement on hold.

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Court Government Healthcare Drafting 108

Above The Law

MARCH 7, 2025

In this case, contractors not getting paid by the US government for work they already performed, on contracts and appropriations already blessed by Congress and the executive branch, could do real damage. The one where the government follows the law and pays its bills to contractors who already did the work? But which status quo?

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Court Contract Government Constitutional Law 124

ClimateChange-ClimateLaw

DECEMBER 11, 2023

Nebraska , the Court relied on the MQD to determine that the Biden Administration could not forgive $430 billion of federal student loan debt under a 2003 Act that had not been the basis for such a sweeping program before. Two recent cases of note have affirmed the use of the MQD. In the Supreme Court’s recent decision Biden v.

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Above The Law

APRIL 7, 2025

More than 500 law firms and 300 retired judges asked for leave to file two amicus briefs condemning Trumps order stripping security clearances from and severing government ties with the major law firm, which previously did work for Democrats. Assistant Counsel for Discipline/Legal Ethics Investigator, State of Nebraska Lincoln.

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SCOTUSBlog

FEBRUARY 23, 2023

Nebraska and Department of Education v. Instead, the CDC has imposed a nationwide moratorium on evictions in reliance on a decades-old statute that authorizes it to implement measures like fumigation and pest extermination. It strains credulity to believe that this statute grants the CDC the sweeping authority that it asserts.”

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Education Court Statute Legal 107

ClimateChange-ClimateLaw

FEBRUARY 14, 2025

Government research and independent assessments (see, e.g., here and here ) contradict President Trumps findings about insufficient energy supply and grid unreliability. As a general matter, the President derives emergency powers from the Constitution and statutes.

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Construction Depositions Laws Legal 87