Search for: "Jonathan H. Adler"
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5 Sep 2018, 9:48 am
Background on Senator Leahy's line of questioning about allegedly stolen e-mails and documents from the Senate Judiciary Committee.In today's Supreme Court confirmation hearing, Senator Pat Leahy (D-VT) asked Judge Brett Kavanaugh about whether he had been aware that a Republican Senate Judiciary Committee, with whom he had worked on judicial nominations during the Bush Administration, had surreptitiously obtained confidential documents from Committee's Democratic staff. Senator Leahy… [read post]
3 Sep 2018, 7:38 am
Another bad legal development for the Kansas Secretary of State and Gubernatorial hopeful.In June, a federal judge sanctioned Kansas Secretary of State Kris Kobach for "a pattern and practice . . . of flaunting disclosure and discovery rules" in litigation challenging controversial election reforms Kobach had championed. This week, the Kansas Supreme Court ruled that a local county must seat a "citizen-initiated grand jury" to investigate allegations that, as Secretary of State,… [read post]
31 Aug 2018, 5:33 pm
In a concurring opinion, Fifth Circuit Judge Don Willett expresses concern about the " kudzu-like creep of the modern immunity regime."As part of an investigation of his practices, the Texas Medical Board executed an administrative subpoena on Dr. Joseph Zadeh's medical office, accompanied by two federal Drug Enforcement Agency (DEA) officers. According to Dr. Zadeh, the Board agents exceeded the scope of their subpoena in executing their search of his offices, so he sued, seeking… [read post]
16 Jul 2018, 5:53 pm
Today the U.S. Court of Appeals for the Fifth Circuit issued its opinion in Collins v. Mnuchin, in which a divided panel, in a per curiam opinion, concluded that the Federal Housing Finance Agency (FHFA) is unconstitutional. The panel consisted of Chief Judge Carl Stewart and Judges Catharina Haynes and Don Willett. Judge Haynes joined the opinion for the court in its entirety. Chief Judge Stewart agreed with the opinion's conclusion that the FHFA's actions were authorized by statute, but… [read post]
7 Jul 2018, 1:05 pm
President Trump is scheduled to announce his nomination to replace Justice Anthony Kennedy on the Supreme Court Monday evening. According to press reports, rollout packages have been prepared for four potential nominees, all of whom sit as judges on U.S. Courts of Appeals: Brett Kavanaugh (D.C. Circuit), Raymond Kethledge (6th Circuit), Amy Coney Barrett (7th Circuit), and Thomas Hardiman (3rd Circuit). All four potential nominees are on Trump's list of 25 potential SCOTUS nominees, and all… [read post]
25 Jun 2018, 5:57 am
Over the weekend, President Donald Trump expressed frustration with the legal process afforded those accused of entering the country illegally. We cannot allow all of these people to invade our Country. When somebody comes in, we must immediately, with no Judges or Court Cases, bring them back from where they came. Our system is a mockery to good immigration policy and Law and Order. Most children come without parents... — Donald J. Trump (@realDonaldTrump) June 24, 2018 Despite the… [read post]
7 May 2018, 6:50 am
In SAS Institute Inc. v. IANCU, the Supreme Court held 5-4 that when the U.S. Patent & Trademark Office conducts an inter partes review of a patent, it must decide the patentability of all of the claims the petitioner has challenged. The Court split along traditional ideological lines with Justice Gorsuch writing the majority and Justice Breyer wrote the dissent. An interesting aspect of the SAS Institute that non-patent-law types may have missed is that Justice Kagan joined all of Justice… [read post]
17 Apr 2018, 9:01 am
The Michigan Law Review's annual book review issue is out, and it contains quite a bit of good stuff. Among the highlights of this year's issue is a review of Richard Posner's book, The Federal Judiciary: Strengths and Weaknesses, by the Honorable Amul Thapar of the U.S. Court of Appeals for the Sixth Circuit and attorney Benjamin Beaton. The whole thing is worth a read, but here is how the review begins (footnotes omitted): Just when you thought Richard Posner couldn't write… [read post]
10 Apr 2018, 10:01 am
There are few constants in the Trump White House. Judicial nominations may be it. The Trump Administration has put forward judicial nominees at a steady rate, ensuring that the confirmation queue remains filled as the Senate votes to confirm. Even more notably, with a few high profile exceptions, the Trump Administration's judicial nominees have been quite strong -- surprisingly so. Today the Trump Administration announced its twelfth slate of judicial nominations, and it is a strong list,… [read post]
11 Mar 2018, 2:50 pm
Justice Neil Gorsuch is not a fan of Chevron deference. As a federal appellate judge, Gorsuch questioned the wisdom of deferring to federal regulatory agencies' interpretations of the statutes they are tasked to administer. It turns out Justice Gorsuch was not alone among appellate judges. According to a newly released survey of over three-dozen federal appellate judges, quite a few are skeptical of Chevron deference, and such views appear to be most prevalent among those appellate judges who,… [read post]
14 Feb 2018, 4:00 am
Last weekend Beltway pundits may have proclaimed the White House was off the rails, but the Trump judicial nomination train remains on track. The White House announced its eleventh set of judicial nominees on Monday. As we've come to expect, the Administration put forward an impressive list of jurists, led by four noteworthy picks for appellate courts, including several who are guaranteed bipartisan support. The latest appellate nominees are Andy Oldham (Fifth Circuit), Michael Scudder (Seventh… [read post]
26 Jan 2026, 7:37 am
[Another summary reversal of a Fourth Circuit AEDPA decision.] This morning, the Supreme Court summarily reversed a decision of the U.S. Court of Appeals for the Fourth Circuit in Klein v. Martin, concluding the Fourth Circuit failed to comply with the Anti-Terrorism and Effective Death Penalty Act (AEDPA) when (in an unpublished opinion), it awarded a new trial for Charles Brandon Martin. The decision was 8-1, as Justice Jackson dissented without issuing an opinion. The Court's per curiam… [read post]
25 Apr 2019, 6:44 pm
. * * * Case Western Reserve law professor Jonathan H. [read post]
30 Jan 2017, 6:52 am
Interested candidates should send a CV and cover letter to, Professor Jonathan H. [read post]
2 Mar 2023, 6:40 am
Circuit (Jonathan H. [read post]
24 Jul 2017, 9:05 pm
https://t.co/t9OQ2zupwm — Walter Olson (@walterolson) July 24, 2017 Which in turn played off Jonathan [read post]
6 Sep 2016, 8:00 am
Interested candidates should send a CV and cover letter to, Professor Jonathan H. [read post]
3 Nov 2022, 5:42 am
Operating Without a Leash (Matt Ford, The New Republic) A Step Backwards for Cameras in the Courtroom (Jonathan [read post]
20 Dec 2021, 7:09 am
Reuters) Thoughts on Sixth Circuit OSHA Vax-or-Test Mandate Stay Decision and What Comes Next (Updated) (Jonathan [read post]
27 Feb 2017, 9:17 pm
Other signatories include Jonathan H. [read post]
