By Jimmy Hoover | March 7, 2024
Both cases involve the plaintiffs' heightened pleading requirements that resulted from the 1995 Private Securities Litigation Reform Act.
National Law Journal | Commentary
By Robert Salcido and Emily I. Gerry | March 7, 2024
Through the qui tam provisions, which have transformed the FCA's broad language and stimulated over-enforcement, Congress has dispersed power from the executive branch to private persons acting not in the public interest but rather in their own self-interest.
By Jimmy Hoover | March 6, 2024
U.S. District Judge Matthew Kacsmaryk upheld the school's ban, finding drag shows to be "sexualized" exhibitions not protected by the First Amendment.
By Avalon Zoppo | March 6, 2024
Judge Richard Wesley, expressing the minority view, called the test too strict and an "unfortunate ruling for organizations everywhere."
By Jimmy Hoover | March 5, 2024
"Today, the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President," Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson wrote in a concurrence.
By Jimmy Hoover | March 4, 2024
Immigration law is the province of the federal government, not the states, U.S. Solicitor General Elizabeth Prelogar told the justices.
By Avalon Zoppo | March 4, 2024
"This petition presents a high-stakes issue for our Nation's system of higher education," wrote Clarence Thomas, joined by Samuel Alito Jr. "Until we resolve it, there will be a patchwork of First Amendment rights on college campuses."
By Jimmy Hoover | March 4, 2024
"[T]he Constitution makes Congress, rather than the States, responsible for enforcing Section 3 [of the Fourteenth Amendment] against federal officeholders and candidates," the high court stated in its unsigned "per curiam" opinion.
By Jimmy Hoover | March 1, 2024
The companies are asking the justices to review a Hawaii Supreme Court decision clearing the way for a state court to hear Honolulu's lawsuit over the damage and remedial costs associated with climate change.
The Legal Intelligencer | Commentary
By Stephen A. Miller and Andrew D. Linz | March 1, 2024
The U.S. Supreme Court is currently considering its most consequential challenge to "the administrative state" in decades. In Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the petitioners are fishermen who challenged a specific regulation concerning a requirement to host observers on herring fishing boats.
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