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In family’s lawsuit against public nursing home, court revisits private rights of action and the spending clause

SCOTUSBlog

Talevski , to be argued Tuesday, returns the court to the question of when federal law is subject to private enforcement. The court will consider whether to overrule a line of precedent and to hold that private individuals cannot use 42 U.S.C. The district court dismissed the action, but the U.S. of Marion County v.

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Justice Breyer: A pragmatic moderate

SCOTUSBlog

Brent Newton is a visiting professor of law at Penn State-Dickinson School of Law. He previously taught seminars on Breyer’s jurisprudence at American University Washington College of Law. Two spectrums exist among Supreme Court justices, particularly those who have served since the New Deal ushered in the modern America.

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Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

Share The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. This week they’re replaced by three new relists, all involving government petitions in one way or another. Our first relist this week is the government’s petition in Securities and Exchange Commission v.

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Justices to consider scope of “clear and unmistakable error” review of Veterans Affairs decisions

SCOTUSBlog

George’s petition asserted that the board’s 1977 decision had rested on a “clear and unmistakable error” because the board had failed to correctly apply the “presumption of sound condition” required by a different provision of the statute governing veterans’ benefits.

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Supreme Court to hear major case on power of federal agencies

SCOTUSBlog

Share The Supreme Court will hear oral argument on Wednesday in a case involving the deference that courts should give to federal agencies’ interpretations of the laws that they administer. Justice John Paul Stevens set out a two-part test for courts to review an agency’s interpretation of a statute it administers.