SCOTUSBlog

NOVEMBER 29, 2021

Spending clause legislation, the court has explained, is like a contract: In return for federal funds, recipients agree to comply with Congress’ conditions. Gorman , the court applied the contract analogy to the issue of which remedies are appropriate when private parties sue for violations of spending clause legislation.

Court 84

Court Laws Compensatory Damages Statute 84

ClimateChange-ClimateLaw

NOVEMBER 16, 2020

The court wrote that ultimately it saw “a greater threat to the separation of powers by allowing courts to pick and choose what law governs the executive branch’s ongoing duties.” The complaint asked the court for compensatory damages, equitable relief, attorneys’ fees, punitive damages, disgorgement of profits, and costs of suit.

Cause of Action 96

Cause of Action Court Government Litigation 96

ClimateChange-ClimateLaw

FEBRUARY 10, 2021

Circuit held that the federalism canon—requiring that Congress use “exceedingly clear language” to alter the balance of power between the federal government and the states—did not support an interpretation limiting the best system of emission reduction to measures applied at and to the source. Third, the D.C. Army Corps of Engineers , No.

Court Reporting 55

Court Reporting Court Construction Government 55