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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

The Legal Intelligencer

The People Versus the US Supreme Court—Who Is in Charge?

Trump v. United States is decried by some as inviting the president of the United States to be a dictator and by others as a decision that will tie the hands of the activist presidents we demand in the United States.
14 minute read

National Law Journal

Constitutional Right to AR-15s? Gun Group Asks High Court to Review, Strike Down MD's 'Assault Weapons' Ban

A lower court upheld the law, saying the "weapons at issue fall outside the ambit of protection offered by the Second Amendment because, in essence, they are military-style weapons designed for sustained combat operations that are ill-suited and disproportionate to the need for self-defense."
4 minute read

National Law Journal

Facebook, Nvidia Make High Court Case Against Investor Suits

The tech giants have filed briefs urging the justices to close the "floodgates" of securities lawsuits the companies claim have been opened by the U.S. Court of Appeals for the Ninth Circuit.
6 minute read

National Law Journal

9th Circuit Seems Skeptical of Idaho Ban on Gender-Affirming Care for Transgender Teen

Appeals court considers whether the state's prohibition violates the Constitution's Equal Protection Clause.
4 minute read

National Law Journal

Keep an Eye on These 5th Circuit Cases for Potential Supreme Court Review

The U.S. Court of Appeals for the Fifth Circuit continues to set the stage for likely Supreme Court decisions on administrative law.
5 minute read

New Jersey Law Journal

The Future of Arbitrability Disputes in Light of the Supreme Court's Ruling in 'Coinbase'

"The court's decision is a significant departure from longstanding precedent that an arbitrator in arbitration was vested with the authority to make the decision as to arbitrability," write Jose L. Linares and Mark M. Makhail of McCarter & English.
6 minute read

National Law Journal

'Loper' Deference? EPA Cites Recent Supreme Court Ruling to Defend Power Plant Rule

The EPA seized on an exception to the 'no-deference' rule in Loper Bright Enterprises Inc. v. Raimondo that applies when Congress has explicitly delegated a policy choice to an agency.
4 minute read

National Law Journal

Should Internet Service Providers Be on Hook for Copyright Infringment? ISP Asks Justices Billion-Dollar Question

Only the U.S. Supreme Court can resolve the sharp division among federal circuit courts regarding standards of online liability, Cox Communications says.
5 minute read

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