All posts in tag: Supreme Court

Dan Farber Mercury Rising: The Court reverses EPA’s regulation

The Court has just now decided the Michigan case, involving EPA’s mercury regulation. As Ann Carlson explained in an earlier post, a lot was at stake in the case. The Court ruled 5-4 against EPA. This passage seems to be key to the Court’s reasoning:

One would not say that it is even … More >

Dan Farber Jeb, the Pope and climate change

Jeb Bush’s environmental views seem to be evolving. In a recent speech at Liberty University, he had this to say about environmental protection:

“America’s environmental debates, likewise, can be too coldly economical, too sterile of life . . . Christians see in nature and all God’s creatures designs grander than any of … More >

Stephen Menendian Obergefell v. Hodges: A Dead-End for LGBT Civil Rights?   

On April 28, 2015, the Supreme Court heard historic oral argument in a set of consolidated cases styled Obergefell v. Hodges involving state-level same-sex marriage bans.[1]  The parties challenging these laws argue that the same-sex marriage bans are discriminatory by targeting gay people, and are an unconstitutional burden on a fundamental … More >

Jonathan Simon Capital punishment’s loyal officer

It was a zinger worthy of a Presidential debate (and almost certainly just as planned). Justice Samuel Alito, confronted Federal Public Defender Robin Conrad in the midst of her oral argument on April 29 in Glossip v. Gross, a case challenging Oklahoma’s lethal injection execution procedure.

Yes. I mean, let’s be honest about … More >

Dan Farber Justice Thomas declares war on rulemaking

It didn’t get much attention, but Justice Thomas’s dissent two weeks ago in the Amtrak case was extraordinarily radical, even for him. The case involved a relatively obscure issue about the legal status of Amtrak. Justice Thomas used the occasion for a frontal attack on administrative law, including most of … More >

Dan Farber Happy endings and promising starts on the environment

In most ways, 2014 was a good year for environmental protection, with progress on several fronts. True, there are warning signs for 2015 — primarily the Republican sweep of the mid-terms and the Supreme Court’s puzzling decision to review toxics regulations for coal-fired power plants. And of course, there were … More >

Eric Biber This challenge to the Endangered Species Act is a case to watch

The federal Endangered Species Act (ESA) is widely known for being the primary law in the United States that focuses on protecting biodiversity, and also for being a “pit bull” of environmental laws that has few exceptions and broad sweep. (For instance, the ESA was a major component of the … More >

Robin Lakoff Front page Hobby Lobby photo sends faux feminist message

Sometimes a picture is really worth 1,000 words: it can tell a better story than reams of prose. An example appeared on the front page of The New York Times, above an article reporting on the Supreme Court decision in the Hobby Lobby case. A close reading offers an interpretation … More >

Mark Peterson Campaign Finance and the Lessons of 1776

$1776. That’s the amount that Alabama businessman Shaun McCutcheon, the plaintiff in the campaign finance case recently decided by the Supreme Court, wanted to donate to every single political candidate he supported in the 2012 elections, but he was thwarted by then current limits on donations. The court decided in … More >

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