SCOTUSBlog

JULY 7, 2022

8, a Texas law that bans nearly all abortions in the state. Although the law conflicted directly with Roe v. Casey , the court’s long-standing decisions holding that the Constitution protects the right to have an abortion before a fetus can survive outside the womb, the court nonetheless allowed the law to go into effect on Sept.

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SCOTUSBlog

DECEMBER 17, 2021

United States , Melvyn Gear, an Australian citizen who resides in Hawaii on an H-1B visa, asks the justices to decide whether Section 922(g)(5)(B) also requires proof of knowledge of collateral law. These and other petitions of the week are below: Ham v. Issue : Whether a district court has jurisdiction under 28 U.S.C. Williams v.

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Statute Government Court Immigration 79

SCOTUSBlog

APRIL 23, 2021

Navy and the territory of Guam that turns on interpretation of the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA or the Superfund statute. Guam is a 30-mile-long island located in the Pacific Ocean 3,800 miles west of Hawaii. Its 170,000 residents are citizens of the United States.

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FDA Law Blog

JANUARY 6, 2022

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

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Court Statute Contract Litigation 52

FDA Law Blog

JANUARY 6, 2022

That changed on October 18, 2021 when the Federal District Court for the District of Hawaii handed down a decision that construed key terms in the statute. Note that EKRA’s reach is broader than the Anti-Kickback Statute, which applies only to “federal healthcare programs” — e.g., Medicare, Medicaid, Tricare, etc. 18 U.S.C. §

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Court Statute Contract Litigation 40

ClimateChange-ClimateLaw

APRIL 18, 2023

Even if the decision stands, it applies only in the Ninth Circuit, which encompasses Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam, and the Northern Mariana Islands. Air pollution is governed at the federal, state, and sometimes local levels, and the relevant federal statute is the U.S.

Construction 114

Construction Government Legal Legal 114

ClimateChange-ClimateLaw

MARCH 14, 2024

Federal Preemption and Authority to Regulate Opponents of the Climate Superfund bills will likely argue that existing federal law like the Clean Air Act (CAA) preempts state regulation of GHG emissions. No federal statutes explicitly preempt state Climate Superfund laws, and different U.S.

Statute 58

Statute Government Court Laws 58

The Crime Report

JUNE 24, 2022

Bruen on Thursday, supporting the petitioners’ Second Amendment challenge against a New York law from 1911 that requires potential gun owners show “proper cause” when applying for a license to carry a concealed handgun in public. Those states include Massachusetts, Maryland, Delaware, New Jersey, Rhode Island, Hawaii, and California.

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Court Felony Laws Legal 52

The Crime Report

JULY 22, 2022

Before I became a law student, I was tried and convicted by white folks who looked strikingly like the ones surrounding the Black woman in my mind’s eye. Mazie Hirono , a Democrat from Hawaii. As the officer read the baby its Miranda rights, the white people with the signs were not bothered in the least. Jonathan H.

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Legal Legal Immigration Statute 98

JonathanTurley

MARCH 24, 2022

Indeed, it was treated as racist to even note that Jackson’s record does not offer a clear judicial philosophy on the interpretation of the Constitution or statutes. Democratic senators like Sheldon Whitehouse have now recognized the “fact that Judge Jackson said ‘I do not have a judicial philosophy.’” Likewise, Sen.

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Statute Diligence Legal Legal 36

SCOTUSBlog

JANUARY 21, 2021

Disclosure: My law firm, Arnold & Porter Kaye Scholer LLP, is among the counsel to the respondent in the Baltimore case. Hawaii Land Use Commission , 20-54 , bought a thousand-acre tract of land in Hawaii on which it planned to build hundreds of homes. Hawaii Land Use Commission , 20-54. relisted after the Jan.

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JonathanTurley

NOVEMBER 10, 2021

He added “The appointment is not consistent with the language of the statute that he’s relying on and can be rescinded, I think, by the next attorney general. Mazie Hirono (D-Hawaii), and Cory Booker (D-N.J.). I would presume the next attorney general will look to see if there is any merit to the work that John Durham is doing.”

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Attorney Statute Criminal Law Legal 48

ClimateChange-ClimateLaw

DECEMBER 2, 2022

Sunoco LP , a Hawaii state court rejected fossil fuel companies’ motions to dismiss for failure to state a claim and lack of personal jurisdiction, allowing the case to proceed. In the case that has proceeded the furthest in state court, City & County of Honolulu v.

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Litigation Litigating Cause of Action Punitive Damages 98

JonathanTurley

MARCH 25, 2022

It was clear from the outset that Jackson would not discuss her judicial philosophy on interpreting the Constitution or statutes — the very issue Democratic senators cited in voting against Barrett in 2020. Mazie Hirono (D-Hawaii) agreed. Other questions, however, were related to the Court or her own approach to the law.

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Court Legal Legal Statute 55

ClimateChange-ClimateLaw

OCTOBER 20, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Conservation Law Foundation v. 1442, or the civil-rights removal statute, 28 U.S.C. Source: Khanrak ). By Margaret Barry and Korey Silverman-Roati.

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Court Government Compensatory Damages Litigation 72

ClimateChange-ClimateLaw

DECEMBER 11, 2020

Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. Baltimore and Incinerator Operator Settled Lawsuit over Local Air Law. Hawaii Court Ruled that Commercial Aquarium Fishing Required Environmental Review.

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Court Government Litigation Litigating 55

ClimateChange-ClimateLaw

MARCH 9, 2021

Sunset in Hawaii. Each month, Arnold & Porter and the Sabin Center for Climate Change Law collect and summarize developments in climate-related litigation, which we also add to our U.S. in which the Ninth Circuit affirmed a district court finding that the federal-officer removal statute did not provide jurisdiction.

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