By Adolfo Pesquera | March 24, 2023
"If enforcement to just compensate is purely a matter of discretion, the government is going to exercise its discretion not to pay for things it takes," Institute for Justice attorney Bob McNamara said.
By Avalon Zoppo | March 24, 2023
"Rather than leave the FCC with 'no guidance whatsoever,' Congress provided ample direction for the FCC in [the statute]," Judge Carl Stewart wrote.
By Avalon Zoppo | March 8, 2023
If the Fifth Circuit rules against the government, legal experts said the decision would extend an existing at-will removal requirement for agencies led by single directors to the multimember Consumer Product Safety Commission, and could have more far-reaching effects if the U.S. Supreme Court gets involved.
By Avalon Zoppo | March 6, 2023
"Offended observer standing appears to warp the very essence of the judicial power vested by the Constitution," Thomas wrote in a dissent.
By Adolfo Pesquera | February 27, 2023
"The collective impression is not that Dickson was disseminating facts about particular conduct, but rather advocacy and opinion responding to that conduct. Dickson invited the reasonable reader to take political action," wrote justices in a Texas Supreme Court decision Feb. 22.
By Adolfo Pesquera | February 23, 2023
"The opportunity for public officials to weaponize the criminal justice system against their political adversaries has never been greater. So it's up to the judiciary to make sure that those who hold positions of power stay in their lane." Fifth Circuit Judge James C. Ho wrote.
By Adolfo Pesquera | February 16, 2023
Texas bases its constitutional arguments on definitions of "quorum," "attendance" and "assembly" as the Founding Fathers would have understood them.
By Adolfo Pesquera | February 9, 2023
"If there is any hole in the evidence here, it is the state's doing by denying her the basic service of preserving the evidence," Holt M. Lackey wrote.
By Adolfo Pesquera | February 8, 2023
"This is the mother of all pre-enforcement actions, is it not? We're almost close to the taxpayer suit challenging whatever Congress does that the taxpayer doesn't like," Judge Cory T. Wilson said.
By Adolfo Pesquera | January 17, 2023
The Poe Trust case so concerned the court that Busby, joined by Devine and Justice Evan Young, wrote a concurring opinion to weigh in on the role of "special proceedings" that deny plaintiffs' jury demands.
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