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New York Law Journal

NY Court of Appeals Endorses No-Excuse, Mail-In Voting, Despite 'Troubling' Legislative History

The majority held that the New York State Legislature enjoys plenary power to enact laws, regardless of a previous ballot measure's result.
5 minute read

National Law Journal

US Lawmakers Urge 5th Circuit to Reinstate Pandemic-Era House Proxy Vote, Anti-Bias Law

The request follows a federal judge having thrown out an anti-pregnancy-discrimination law, saying the House of Representatives lacked a constitutional quorum of members present.
4 minute read

Corporate Counsel

Kroger Suit Claims FTC Using Unconstitutional Process to Try to Kill Megamerger

"Unless the proceeding is enjoined, Kroger will suffer an immediate constitutional injury by being subjected to an illegitimate proceeding," Kroger says in the newly filed complaint.
3 minute read

Law.com

US Supreme Court Won't Rescue Biden Administration's Revised Title IX Rules in Challenged States

"The lower courts concluded otherwise because the new definition of sex discrimination is intertwined with and affects many other provisions of the new rule," the majority wrote. "Those courts therefore concluded, at least at this preliminary stage, that the allegedly unlawful provisions are not readily severable from the remaining provisions."
4 minute read

Daily Report Online

Alabama Supreme Court Authorizes Third Nitrogen Gas Execution

In January, the state performed the nation's first nitrogen gas execution. A second one using the protocol is set for Sept. 26 for a man who recently reached a lawsuit settlement with the state over the execution method.
4 minute read

New Jersey Law Journal

'This Is Shameful': How College Campuses Failed Jewish Students

The Jewish Bar Association of New Jersey offers a response to two recent pieces by the Law Journal Editorial Board about the line between safety and free speech with regard to Oct. 7 demonstrations on college campuses.
6 minute read

National Law Journal

Dead or Alive? How the Supreme Court Narrows, Without Overruling, Precedent

One way to do that is by what scholars call "narrowing" precedents, such as by limiting them almost exclusively to the factual circumstances in which they arose. Critics have disparaged this practice as a form of "stealth overruling."
7 minute read

National Law Journal

Supreme Court Term Limits Are Doable By Statute, Retired Federal Judge Says

"I'm not saying it wouldn't be a difficult political slog if somebody thought that there was some disadvantage to their side," Judge Diane Wood said. "But I frankly see no constitutional barrier."
4 minute read

National Law Journal

Split 9th Circuit Rejects Anti-Vaccine Group's Suit Alleging Censorship on Facebook

Children's Health Defense, founded by Robert F. Kennedy Jr., failed to allege the government coerced the social media platform's owner to censor the group's message, the appeals court said.
4 minute read

New Jersey Law Journal

Sills Cummis & Gross Files Suit on Behalf of Companies Challenging Newark's Shipping Container Tax

"One of the main challenges facing Port Newark is the lack of space for container storage and handling. The demand for container storage space has grown significantly in recent years, and Port Newark has struggled to keep up with the demand. As a result, multiple lots where containers are stored are operated off-port by private owners and operators," according to the complaint filed by attorneys with Sills Cummis & Gross.
4 minute read

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