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Challenges to administrative action and retroactive relief for prisoners

SCOTUSBlog

The question is whether the United States is such a successful litigant that the court will grant review even in cases it doesn’t want the court to review. In addition, the Supreme Court held a few years back that the appointment procedures for SEC administrative law judges violate the Constitution’s appointments clause.

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When do legal observers at protests get First Amendment protection?

SCOTUSBlog

Texas 23-248 Issue : Whether the Texas Court of Criminal Appeals’ decision that James Broadnax failed to establish a prima facie equal protection claim conflicts with this court’s decision in Batson v. United States 23-310 Issue : Whether the administrative law principles articulated in Kisor v. Broadnax v. Ratzloff v.

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New York sues New Jersey over compact governing Port of New York and New Jersey

SCOTUSBlog

New York maintains that the terms of the compact provide that only Congress can repeal it and that, insofar as the compact represents a federal statute, its breach violates federal law. In earlier litigation, the Waterfront Commission sued the New Jersey governor to prevent him from enforcing the law. However, the U.S.

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New PatentlyO L.J. Article: What Every Patent and Trademark lawyer Should Understand About the MPEP, TMEP, and Other Guidance

Patently O

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. By Jason Rantanen. COVID-19Impact).

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Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more

SCOTUSBlog

Next up is Texas v. Gordon College seeks review, arguing that all of its professors are Christian educators who are used to promote the Christian mission through teaching, scholarship, and service. The case has already been rescheduled three times, clearly indicating it’s on at least one of the justices’ radar. rescheduled before the Nov.

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Justices grant review in two cases that test jurisdiction of district courts

SCOTUSBlog

Cochran , the justices agreed to decide whether federal district courts have the power to consider claims challenging the constitutionality of the commission’s administrative law proceedings. Cochran went instead to a federal district court in Texas, seeking to block the administrative proceedings before the new ALJ.

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The SEC’s Final Climate Disclosure Rule Must Respond to Emerging Legal Risks

ClimateChange-ClimateLaw

This blog post explores how the litigation landscape has developed since the SEC proposed the rule, and discusses the implications of several developing cases and doctrines. Together, these matters suggest a volatile litigation landscape that the SEC will have to navigate thoughtfully as it finalizes and defends the climate disclosure rule.

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