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National Law Journal

At Supreme Court, EPA Defends Allegedly 'Vague' Sewage Permit for San Francisco

The case, "San Francisco v. EPA," is the second time in two terms that the famously liberal-leaning West Coast municipal government has found itself at odds with the Biden administration in a legal issue at the Supreme Court.
4 minute read

New York Law Journal

The Supreme Court Malicious Prosecution Decision

"Section 1983 authorizes a claim for relief only for violations of federally protected rights, not state law rights," writes Martin A. Schwartz.
9 minute read

Law.com

Massachusetts High Court Holds 2nd Amendment Protections Include 'Switchblades,' Striking Down Decades-Old Ban

"Setting aside any question whether switchblades are in common use today for lawful purposes, we conclude switchblades are 'arms' for Second Amendment purposes. Therefore, the carrying of switchblades is presumptively protected by the plain text of the Second Amendment," wrote Massachusetts Justice Serge Georges Jr.
6 minute read

New York Law Journal

'Trump v. United States': No Basis in the History or Text of the Constitution

There is absolutely nothing in the text of the Constitution which grants a president immunity from criminal prosecution, a Law Journal columnist writes.
8 minute read

National Law Journal

Scholar Takes Issue With Lawyering in Supreme Court's 2nd Amendment Cases

Like many constitutional scholars around the country, Chapman University law professor Lawrence Rosenthal is unhappy with the state of the Supreme…
6 minute read

National Law Journal

Supreme Court Leaves Order Blocking Biden's Latest Debt Plan

In a break from the Supreme Court's standard one-line orders, the court said that it "expects that the Court of Appeals will render its decision with appropriate dispatch."
4 minute read

Law.com

Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations

In a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.
5 minute read

National Law Journal

Biden Administration Tells Justices That Bans on Gender Care Are Sex Discrimination

The nine justices are set to consider the legality of a Tennessee law preventing doctors from prescribing puberty blockers and hormone therapy to treat gender dysphoria in trans youth.
5 minute read

National Law Journal

With Amicus Appointments, Ex-Clerks Get Coveted Chance to Argue at SCOTUS

They won't get paid. It's going to be extremely time-consuming. There is no prior counsel to review their work. And they'll spend months drafting briefs and preparing for an argument where the best case scenario is achieving a victory on behalf of a client that does not exist.
9 minute read

National Law Journal

9th Circuit Split Over 'Loper Bright' Impact on Challenge to Sentencing Guideline in Gun Case

"[T]he majority is mistaken to brush 'Loper Bright' aside and treat it as irrelevant to the interpretation of regulatory language," Judge Carlos Bea wrote in a concurrence.
3 minute read

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