Category Archives: Constitutional Law

Constitutional law news articles, reiews, notes and blog examples.

Immigration groups and Republican officials urge justices to deny stay in asylum case

Last week the Trump administration asked the Supreme Court to block a ruling by a federal judge in San Francisco in a challenge to a new U.S. policy on asylum, announced last month as thousands of migrants moved from Central America towards the U.S. border. The rule would prohibit immigrants who enter the United States illegally along the southern border from seeking asylum, but U.S. District Judge Jon Tigar barred the government from enforcing the rule, so the government asked the Supreme Court to put that order on hold while the government appeals to the U.S. Court of Appeals for the 9th Circuit and, if necessary, the Supreme Court. Today the immigration groups challenging the rule weighed in, counseling the justices to stay out of the dispute. The groups received a somewhat unexpected boost from a group of former Department of Justice officials who served in Republican administrations and filed a “friend of the court” brief that also urged the court to deny the….. To continue reading this legal news please click Read full information...

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Partes de Batalla

The Agony and the EcstasyImágenes del día despuésRoberto Saba, la Corte dividida en tres, es un artículo descriptivo pero con notas críticas al extremo "deferencialismo" de la nueva mayoría. Zaffaroni habló del tema en una nota para P12. Le gusta el destino al que llegó, pero no el recorrido que hizo la "nueva mayoría". Extraigo una parte-cita: "Me alegra que haya dado marcha atrás, pero me entristecen los argumentos. Si el fallo del cómputo privilegiado era jurídica y políticamente malo, este es políticamente bueno y jurídicamente pésimo, porque son jueces quienes allí olvidan que las leyes las interpretan los jueces y no los legisladores. La ley 27.362 no es interpretativa, sino que, con el pretexto de interpretar, es más gravosa y, por ende, no se puede aplicar retroactivamente. Esa ley fue un valiosísimo….. To continue reading this legal news please click Read full information...

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[Josh Blackman] Understanding the New Obamacare Decision, Texas v. United States: Part I

[A guest-post by Prof. Josh Blackman (South Texas College of Law), a noted expert on Obamacare-related litigation. -EV]Recently a federal district court found that the Affordable Care Act was unconstitutional. The reaction was swift and brutal. One prominent law professor at Harvard described the case as "a political objection in legal garb," and concluded that "there is every reason to believe that a strong, nonpartisan majority of justices will do their constitutional duty, set aside how they might have voted had they been members of Congress," and uphold the law. Another Yale law professor likened the decision to the anti-canonical Dred Scott decision, which "distorted the Constitution, disregarded precedent, disrespected Congress and proclaimed that the basic platform of one of America's two major political parties was unconstitutional." A Slate columnist wrote that the decision should "force us to reconsider the role of the….. To continue reading this legal news please click Read full information...

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Thank you for completing our survey

A week ago we posted a survey soliciting reader feedback (which can be found here). We received many responses, and we’re grateful to everyone who took the time to answer. We will be considering your responses and suggestions in the days ahead. The post Thank you for completing our survey appeared first on SCOTUSblog... To continue reading this legal news please click Read full information...

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Government returns to Supreme Court on military transgender ban

Last month the Trump administration asked the justices to allow it to bypass the courts of appeals and immediately take up three cases (here, here and here) challenging the government’s ban on service in the military by most transgender individuals. Today the administration was back at the Supreme Court, giving the government a back-up option: If the justices don’t want to bypass the courts of appeals, they should at least allow the government to enforce the ban while the appeals play out. The application for emergency relief was the second one this week from the government, which on Tuesday asked the justices to allow it to enforce a policy that would bar immigrants who enter the country illegally along the southern border from seeking asylum. These kinds of requests for emergency relief have been made necessary, the Trump administration contended, because the lower courts have often gone too far, thwarting the government’s efforts to implement….. To continue reading this legal news please click Read full information...

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