SCOTUSBlog

APRIL 26, 2023

I don’t see how,” Gorsuch observed, “how that lines up under our case law as anything other than a fine.” Tyler’s theory, he stressed, would declare many state statutes unconstitutional and would turn states into real estate agents. Gorsuch later added that in other contexts, the usual rule is that “that you only take what you’re owed.”

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Real Estate Government Court Statute 141

SCOTUSBlog

FEBRUARY 21, 2023

Nebraska and Department of Education v. Glater is a professor of law at the University of California, Berkeley, School of Law. He has written extensively about the role of law in shaping access to higher education, with particular attention to the impact of student borrowing and indebtedness. Jonathan D.

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Education Statute Litigation Litigating 98

JURIST

MARCH 15, 2024

It explicitly separates the concept of “sex” from “gender identity,” stating that the latter, along with similar subjective terms, cannot be used interchangeably with or as substitutes for “sex” in legal statutes. At the time of HRC’s 2023 report, over 500 anti-LGBTQ+ laws had been introduced in the US.

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Statute Legal Legal Laws 118

The Crime Report

JANUARY 13, 2023

The illegal destruction of disciplinary records can make it harder to hold deputies accountable in a court of law, or track problem officers moving from department to department, said Sam Walker, emeritus professor of criminal justice at the University of Nebraska at Omaha. We’re not a law enforcement or compliance agency.

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Attorney Litigation Litigating Depose 105

SCOTUSBlog

JANUARY 20, 2022

Morrissey-Berru , under which employees deemed “ministers” of religious institutions are not covered by various employment and discrimination laws. In 1981, Congress passed a statute requiring that reimbursement rates paid to organizations for managing state Medicaid plans must be “actuarially sound.” Next up is Texas v.

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Statute Court Education Administrative Law 102

The Crime Report

NOVEMBER 23, 2021

But this argument merely proves the intent of sex offense treatment schemes and post-conviction laws are to dehumanize and cause enduring harm to those who have committed offenses in the past. It does not change the language in the media or the Colorado statutes. The Limitations of a ‘Victim-Centric’ Approach.

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Statute Education Laws 132

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

SCOTUSBlog

DECEMBER 3, 2024

Share The Supreme Court on Wednesday will hear a challenge to a Tennessee law that bans the use of puberty blockers and hormone therapy for transgender teens. And with similar laws in 23 other states , the court’s ruling is likely to have broader implications for the protections available to transgender people across the country.

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Court Government Laws Sports 133

ClimateChange-ClimateLaw

AUGUST 8, 2023

The law would mesh with corporate climate disclosure regulations elsewhere, particularly in Europe, and would therefore represent a significant step toward assuring the accuracy, trustworthiness, and transparency of corporate climate performance reporting. 4] The new corporate climate disclosure bills may well continue that tradition.

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Laws Law School Government Legal 98

Constitutional Law Reporter

JANUARY 12, 2023

Important issues before the justices will include the lawfulness of the Biden Administration’s student loan forgiveness plan and tech companies’ liability for user content. The post The Biggest Cases the Supreme Court Will Hear in 2023 appeared first on Constitutional Law Reporter. 1125(c)(3)(C).

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Court Education Constitutional Law Statute 52

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 Texas law is not even the greatest threat to Roe. In this self-described chaos, Democratic leaders moved to renew efforts to pack the court with a liberal majority, end the filibuster and federalize abortion laws.

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Laws Court Litigation Litigating 55

ClimateChange-ClimateLaw

OCTOBER 25, 2024

Since 2021, more than 30 rules, guidelines, boycotts and laws have been passed by various states to thwart ESG goals and bolster industries such as fossil fuels and firearms. In finding the two laws were preempted by existing federal law, the court highlighted the broad preemption clause contained within ERISA.

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Court Litigation Litigating Laws 86

SCOTUSBlog

FEBRUARY 17, 2022

In that case, Breyer led the majority in striking down a Nebraska criminal statute that made it unlawful to perform dilation-and-evacuation and similar abortion procedures even though the risks of mortality and morbidity to the pregnant person are significantly lower than induced-labor procedures. Casey and Roe v.

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Stare Decisis Court Laws Drafting 140

SCOTUSBlog

FEBRUARY 28, 2023

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. Both DeVos and the Biden plan relied on the HEROES Act, a law passed after the Sept.

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Education Statute Government Court 145

ClimateChange-ClimateLaw

OCTOBER 19, 2023

The Scramble to Identify Major Questions in Administrative Law In its June 2022 decision in West Virginia v. Nebraska , invalidating the Biden Administration’s student loan forgiveness program. However, it objected to the EPA’s interpretation of its authorizing statute. Env’t Prot. As Justice Kagan points out in her Biden v.

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Statute Court Government Administrative Law 85

The Crime Report

OCTOBER 26, 2021

Similar statutes appear on the books in Louisiana and in Missouri, which even requires registrants to post a sign on their doors stating “No Candy at this residence,” and leave outdoor lights off from 5pm-10:30pm. In states where Halloween restriction statutes do not exist, some local or statewide law enforcement operations are planned.

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Statute Education Laws Court 126

SCOTUSBlog

JANUARY 6, 2022

The earlier cases in which the court took that unusual step involved Texas’ restrictive anti-abortion law and a religious-liberty claim from a man on death row.). The states argue that the provision on which the government relies is a “housekeeping statute” that does not give HHS the broad power that the government claims.

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Court Government Healthcare Drafting 109

JonathanTurley

NOVEMBER 27, 2020

The litigation over last year’s lettuce recall has only just started due to the statute of limitations. The cases from injuries last year are just now being filed under the statute of limitations, but it has been another bumper crop of Thanksgiving torts. In the eyes of the law, Tom is simply an Eastern wild turkey worth $300.

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Tort Statute Criminal Law Court 38

Above The Law

MARCH 7, 2025

Musk freezing the payouts violated the law. The one where the government follows the law and pays its bills to contractors who already did the work? Nebraska, the case in which the Supreme Court said that the President has no authority to cancel student loan debt without an act of Congress. But which status quo? 78, at 525 (A.

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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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Legal Legal Court Statute 69

Above The Law

APRIL 7, 2025

note : Please welcome Renee Knake Jefferson back to the pages of Above the Law. Second, from Bloomberg Law , a reminder about this headline from February: Bondi’s Attorney Advocacy Memo Raises Independence Concerns. 3 Milbank Reaches Deal With Trump as Divide Among Law Firms Deepens. From Reuters : A fourth major law U.S.

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Legal Legal Law Firm Law Firms 75

SCOTUSBlog

FEBRUARY 21, 2023

Nebraska and Department of Education v. Ilya Somin is a professor of law at George Mason University, and author of Free to Move: Foot Voting, Migration and Political Freedom. If the statute is ambiguous, courts must presume that Congress have not given the agency the power in question. A preview of the cases is here.

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Statute Education Court Legal 110

SCOTUSBlog

FEBRUARY 23, 2023

Nebraska and Department of Education v. The Biden administration located a previously untapped source of authority in the HEROES Act of 2003, a law passed in the early days of the Iraq War to temporarily freeze student loans held by servicemembers and their families during times of war or national emergency. But that has not happened.

Education 108

Education Court Statute Legal 108

ClimateChange-ClimateLaw

FEBRUARY 14, 2025

As a general matter, the President derives emergency powers from the Constitution and statutes. Nebraska that emergency authority does not empower the President to take actions free from statutory limitations. Assuming, that is, that the rule of law continues to prevail in the United States. 60118(c)(2).

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Construction Depositions Laws Legal 87