National Law Journal | Commentary
By Bill Schuette | April 25, 2024
A request for U.S. Supreme Court review asks the justices to determine whether the federal Clean Air Act governs climate emissions or if state and municipal governments' rules should take precedence.
By Jimmy Hoover | April 24, 2024
The U.S. government has sued Idaho arguing the state's Defense of Life Act, under which doctors could face prison and lose their licenses for terminating pregnancies, conflicts with the federal 1986 Emergency Medical Treatment and Labor Act.
By Jimmy Hoover | April 23, 2024
The Supreme Court appeared to lean toward vacating the Sixth Circuit's more relaxed standard for issuing such an injunction while re-affirming what Starbucks says is the traditional four-part test for such relief.
By Jimmy Hoover | April 22, 2024
The justices' decision to review the case comes as they also weigh the administration's appeals in defense of laws and regulations against "bump stocks" and suspected domestic abusers owning guns.
By Jimmy Hoover | April 22, 2024
The U.S. Supreme Court will consider whether a party "must obtain a ruling that conclusively decides the merits in its favor," rather than just a preliminary injunction, to obtain attorney fees in a civil rights suit.
By Jimmy Hoover | April 22, 2024
"Municipalities have competing priorities," said Chief Justice John Roberts Jr. "Why would you think that these nine people [on the Supreme Court] are the best people to judge and weigh those policy judgments?"
By Jimmy Hoover | April 18, 2024
"There used to be a time when we had a good chunk of a summer break," Justice Sonia Sotomayor said. "Not anymore. The emergency calendar is busy almost on a weekly basis."
By Jimmy Hoover | April 17, 2024
"To make out a Title VII discrimination claim, a transferee must show some harm respecting an identifiable term or condition of employment," Justice Elena Kagan wrote for the court. "What the transferee does not have to show, according to the relevant text, is that the harm incurred was 'significant.'"
By Jimmy Hoover | April 16, 2024
"There have been many violent protests that have interfered with proceedings," Justice Clarence Thomas said. "Has the government applied this provision to other protests in the past and has this been the government's position throughout the lifespan of the statute?"
By Jimmy Hoover | April 16, 2024
"The bottom line is this: Veterans who separately accrue benefits under both the Montgomery and Post-9/11 GI Bills are entitled to both benefits," Justice Ketanji Brown Jackson wrote for the majority.
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