How Appealing

Tuesday, January 16, 2024

“Chevron Deference Is a Case of Too Much Judicial Restraint; The precedent strips judges and lawmakers of legitimate power and hands it to bureaucrats”: David B. Rivkin Jr. and Andrew M. Grossman will have this op-ed in Wednesday’s edition of The Wall Street Journal.

Posted at 8:27 PM by Howard Bashman

“It ain’t over ’til it’s over: Why the order granting intervention in the mifepristone case is wrong.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 5:02 PM by Howard Bashman

“Full U.S. appeals court to consider Maryland assault weapons ban; 4th Circuit to hear three Second Amendment cases en banc in March; Cases include two challenges to Maryland gun control laws”: Nate Raymond of Reuters has this report.

Posted at 4:55 PM by Howard Bashman

“Why Right-Wing Activists Have Strong Opinions About the Supreme Court’s Big Fishing Regulations Case; No matter their pet project, conservative organizations have a powerful mutual interest in upending the way modern government works”: Madiba K. Dennie has this post at Balls and Strikes.

Posted at 4:54 PM by Howard Bashman

“Going Postal: Judge Mizelle Acting Very, Very Badly (Again) in Huge Second Amendment Case.” Eric Segall has this blog post at “Dorf on Law.”

Posted at 4:32 PM by Howard Bashman

“Dealing with the Pennsylvania Supreme Court’s Non-Decision on Standards Compliance Evidence”: James M. Beck has this post at the “Drug & Device Law” blog.

Posted at 4:23 PM by Howard Bashman

“Enforcing the Law to Disqualify a Violent Insurrectionist Is Good, Actually; The Fourteenth Amendment includes a very specific prescription for people who engage in political violence; Why are so many pundits straining to find a workaround?” Michael Liroff has this post at Balls and Strikes.

Posted at 4:15 PM by Howard Bashman

“The U.S. Lacks What Every Democracy Needs”: Online at The New York Times, law professor Richard L. Hasen — founder of the “Election Law Blog” — has a guest essay that begins, “The history of voting in the United States shows the high cost of living with an old Constitution, unevenly enforced by a reluctant Supreme Court.”

Posted at 2:01 PM by Howard Bashman

“A little fish at the Supreme Court could take a big bite out of regulatory power”: Mark Sherman of The Associated Press has this report.

Jennifer A Dlouhy and Greg Stohr of Bloomberg News report that “Supreme Court Fishing Case May Hobble Agency Power on Climate to Crypto; Justices to consider shrinking agency leeway over unclear laws; Regulating new industries, issues may be among most difficult.”

Kimberly Strawbridge Robinson of Bloomberg Law reports that “Pro-Business Supreme Court to Be Tested in Regulatory Showdown; Justices consider overturning 40-year-old ruling on agency power; Cases highlight complexity behind court’s pro-business reputation.”

And Michael Macagnone of Roll Call reports that “Supreme Court to hear arguments on landmark regulatory doctrine; Justices could overturn nearly 40-year-old decision that gave deference to agency interpretations of ambiguous laws.”

Posted at 1:57 PM by Howard Bashman

“A Potentially Huge Supreme Court Case Has a Hidden Conservative Backer; The case, to be argued by lawyers linked to the petrochemicals billionaire Charles Koch, could sharply curtail the government’s regulatory authority”: Hiroko Tabuchi of The New York Times has this report.

Posted at 1:28 PM by Howard Bashman