By Jimmy Hoover | June 13, 2024
Judges should be "very, very careful" about using historical evidence in constitutional adjudication," Justice Amy Coney Barrett has said, adding that citations to favorable historical practices can be like "looking over a crowd and picking out your friends."
National Law Journal | Analysis
By Jimmy Hoover | June 13, 2024
Judges should be "very, very careful" about using historical evidence in constitutional adjudication," Justice Amy Coney Barrett has said, adding that citations to favorable historical practices can be like "looking over a crowd and picking out your friends."
By Jimmy Hoover | June 13, 2024
In his opinion for the court, Justice Clarence Thomas wrote that "history and tradition is sufficient to conclude that the names clause—a content-based, but viewpoint-neutral, trademark restriction—is compatible with the First Amendment. We need look no further in this case."
By Jimmy Hoover | June 13, 2024
The decision is a major victory for the Biden administration, which appealed a recent U.S. Court of Appeals for the Fifth Circuit decision that the FDA's actions easing access to mifepristone were unlawful.
By Cheryl Miller | June 11, 2024
Lawyers for Uber and Postmates argued that California's AB 5 unfairly holds the companies to a different standard than other app-based companies.
By Jane Wester | June 10, 2024
Johnson, a partner at Paul, Weiss, Rifkind, Wharton & Garrison and former Secretary of Homeland Security, said AI presented risks as the country is approaching an election likely to come down to a few precincts in a few states.
By Brian Lee | June 7, 2024
November 2025 would be the earliest that the No Cap Act could become law. Lawmakers were wrapping up the session, returning to Albany in January.
By The Law Journal Editorial Board | June 7, 2024
The court essentially acted as the story's ultimate editor, concluding that the fact that the public official lived in another municipality was the essential point of the news story.
Daily Business Review | Commentary
By Brad Rustin | June 7, 2024
This case was not really about nuances of constitutional appropriations but the fundamental mission of an agency that is tasked with making rules and then enforcing those rules. Unlike the traditional bank regulators that consider the safety, soundness, and overall health of the entities they supervise, the CFPB's mission is that of an enforcer—a "check" on those that are regulated.
By Anthony Michael Sabino | June 7, 2024
In Part 2 of his two-part series, Anthony Sabino continues his discussion of "National Small Business United v. Yellen," which held the Corporate Transparency Act to be unconstitutional on multiple grounds.
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