Search for: "Jonathan H. Adler"
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1 Jul 2023, 2:32 pm
[The Court will consdier whether to invalidate the CFPB's funding, narrow standing, and overturn Chevron, among other things.] The Supreme Court has scarcely filled its docket for the 2023-24 term, but it is already shaping up to a major term for administrative law. Among the cases accepted for next term with potentially significant implications for administrative law are the following: Consumer Financial Protection Bureau v. Community Financial Services Association of America—Whether the… [read post]
15 May 2023, 9:59 am
[Justice Kavanaugh continues to support granting certiorari in cases his colleagues do not wish to hear.] This morning's Supreme Court Order List noted that the Court has granted certiorari in two cases (Carnahan v. Maloney and Brown v. U.S./Jackson v. U.S. combined) and noted jurisdiction in a third (Alexander v. South Carolina State Conference of the NAACP). The Court also denied certiorari in several dozen more. One case in which the Court denied certiorari was Teva Pharmaceuticals… [read post]
18 Apr 2023, 2:46 pm
[A local California ordinance prohibiting natural gas hookups in new construction conflicts with federal law according to a federal appellate court.] Yesterday a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit concluded that a Berkeley, California ordinance prohibiting the installation of natural gas piping in newly constructed buildings is preempted by the federal Energy Policy and Conservation Act (EPCA). The opinion by Judge Bumatay in California Restaurant Association v.… [read post]
8 Mar 2023, 11:50 am
[There's been lots of heat, but very little light in coverage and commentary about the lawsuit seeking to revoke FDA approval of mifepristone.] Last fall, the Alliance for Hippocratic Medicine (AHM) filed a lawsuit against the U.S. Food and Drug Administration seeking to force a revocation of the FDA's approval of mifepristone, a drug that is widely prescribed to terminate pregnancies (i.e. to perform a "medication abortion"). This lawsuit has generated substantial commentary,… [read post]
2 Mar 2023, 2:36 pm
[By an amazing coincidence, a current poroperty dispute is occurring at the site of a storied property law case.] Last month, the New York Times reported on a pitched adverse possession battle between two residential buildings on the Upper East Side of Manhattan. On a coveted stretch of Fifth Avenue, steps away from Central Park, the shareholders of an Upper East Side cooperative are fighting for an unusual prize: the ownership of a grimy concrete ditch behind their luxury apartment building.… [read post]
28 Feb 2023, 12:21 pm
[The Bank Secrecy Act divides the justices in an unusal way, and Justice Barrett authors her fourth opinion in an argued case.] Today the Supreme Court decided Bittner v. United States. Splitting 5-4, the Court concluded that the Bank Secrecy Act's $10,000 maximum penalty for the nonwillful failure to file a compliant report accrues on a per-report, not a per-account, basis. Justice Gorsuch wrote for the Court, joined by the Chief Justice and Justices Alito, and Kavanaugh in part, and… [read post]
26 Feb 2023, 6:27 am
[The January 6 invistigations have renewed interest in this somewhat obscure constitutional provision and the scope of its protections.] On Thursday, the U.S. Court of Appeals for the D.C. Circuit heard oral argument in a potentially important Speech or Debate Clause case concerning whether the Justice Department can obtain access to the contents of Congressman Scott Perry's cell phone as part of its January 6 investigation. Most of the arguent was public and can be heard here. Judges Katsas… [read post]
14 Feb 2023, 11:23 am
[FTC Commissioner Christine WIlson is resigning from the Commission. (Updated)] Federal Trade Commission Chair Lina Khan has ruffled more than a few feathers since taking the Commission's helm. Not only has Khan outlined an aggressive policy agenda, she has also sought to exapnd the Commission's power and centralize control of the agency within her office, prompting Professor Richard Pierce to predict her term would be a "rollercoaster ride." Khan's aggressive, progressive… [read post]
15 Jan 2023, 2:58 pm
[Hunter Biden's attorneys make a curious argument to oppose his daughter taking his name.] Throughout family law, courts tend to consider what outcomes or arrangements would be in "the best interests" of the child." Accordingly, when parents find themselves in court fighting over custody, child support, or other matters, arguments are typically framed in such terms, even if the parents are pursuing their own selfish interests. With this as background, I found this New York… [read post]
29 Dec 2022, 7:34 am
[A new opinion concludes Ohio courts need not defer to agency interpretations. The justices are not unanimous, but no justice writes in favor of deference.] Today the Ohio Supreme Court held, in TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & Surveyors , that Ohio courts need not defer to state agency interpretations of ambiguous statutes. In other words, the Court held that there is no Chevron deference in Ohio. Justice Patrick DeWine wrote the opinion… [read post]
19 Dec 2022, 7:00 am
[Mondays are good days for bear stories, even if we have not posted any in a while.] There is an old VC tradition of occasional Monday blog posts about bears, such as this item from 2015. Over the weekend, I found an item that seemed appropriate for an ursine entry. Bear 609 was apparently causing trouble at a campsite and was relocated some 1,000 miles away. What happened next is the fun part. From Backpacker: On Wednesday, a local broadcast news channel in Knoxville reported the… [read post]
5 Dec 2022, 5:32 pm
[A Democratic member of Congress laments how Twitter handled the New York Post's reporting on Hunter Biden's laptop.] Last Friday, Twitter released internal e-mails and other files related to the company's decision to suppress the New York Post's reporting about on the contents of Hunter Biden's recovered laptop in advance of the 2020 election. The materials were released through a Twitter thread by independent writer Matt Taibbi, In today's WSJ, Democratic… [read post]
11 Nov 2022, 7:55 am
[Sloppy legal filings against Democratic political operatives may end up costing some of Trump's lawyers.] A federal district court judge in Florida has imposed sancitons on several attorneys who represented Donald Trump in a sprawling lawsuit alleging various Democratic operatives conspired to spread false information about him. The ruling is here and the NYT's Charlie Savage reports on the decision here. From the decision: Rule 11 sanctions are properly assessed (1) when a party… [read post]
16 Oct 2022, 5:17 pm
[The Court's newest justice was an extremely active questioner during the Supreme Court's October arguments. ] The Supreme Court's newest Justice, Ketanji Brown Jackson, was an extremely active questioner throughout the Court's October argument. Indeed, as Dr. Adam Feldman of EmpiricalSCOTUS tabulated, she spoke over twice as much at oral argument as any other justice. Here are the numbers, in graphical form. Justice Jackson's engagement in oral argument has attracted… [read post]
27 May 2022, 8:50 am
[Or perhaps just a few items we thought readers might like.] As Eugene noted last month, The Volokh Conspiracy is twenty years old. Eugene fired things up in April 2002, and additional conspirators (including Juan Non-Volokh) joined soon thereafter. Given we've been around for twenty years, it seems odd we don't have VC merchandise. So, we're going to experiment with offering some. A few initial offerings (mostly t-shirts and mugs) are available here, with more to come. Feel free to… [read post]
13 May 2022, 5:53 am
[Trade restrictions and over-zealous FDA regulation are a big part of the problem, but there's more.] Parenting can be stressful, especially for first-time parents. In 2022, many parents are having a particularly rough time because of a nationwide baby formula shortage. Retailers are placing limits on how much formula parents may purchase at one time, and in some parts of the country, a shocking percentage of store shelves are empty. Here's a map showing which states were hit worst by the… [read post]
15 Apr 2022, 10:22 am
[With many vacancies to fill, the BIden Administration works to identify additional judicial nominees.] Now that the Senate has consented to the appointment of Judge Ketanji Brown Jackson to the Supreme Court, the Biden White House is turning its attention to the 100-plus current and pending vacancies on lower federal courts. On Wednesday, the White House announced its first lower court nominees in over two months: Two circuit court nominees and three district court nominees. With attention focused… [read post]
27 Mar 2022, 7:49 pm
[A city program pays bounties to private citizens who report vehicles for excessive idling.] An increasing number of state and local jurisdictions place limits on how long trucks may sit idle with the engine running. Unnecessary truck idling is a significant contributor to local air pollution and results in additional greenhouse gas emissions to boot. In New York City, private bounty hunters contribute to the anti-idling law's enforcement. As chronicled the New York Times, local citizens… [read post]
7 Mar 2022, 7:52 am
[In a statement respecting the denial of certiorari, Justice Thomas suggested some courts are adopting an overly expansive interpretation of the immunity conferred by Section 230.] Today the Supreme Court denied certiorari in Doe v. Facebook, Inc. Justice Thomas issued an opinion respecting the denial of certiorari, repeating his suggestion that the Supreme Court should consider the scope of immunity offered to Facebook and other website publishers under Section 230 of the Communications Decency Act… [read post]
16 Dec 2021, 6:37 pm
[The Biden Administration is seeking to stay lower court injunctions against the mandate.] As predicted, the vaccine mandate for health care workers is the first of the Biden Administration's vaccine mandates to reach the Supreme Court. Today the Department of Justice asked the Supreme Court to stay the lower court injunctions against the mandate, citing (among other things) a circuit split on the question. In November, at the White House's direction, the Center for Medicare and Medicaid… [read post]
