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Red States, Lawmakers Back Trump In Birth Control Fight

March 10, 2020
The Trump administration’s stance that American employers with “religious or moral” objections to birth control needn’t offer no-cost contraception in their health insurance plans has gotten a boost in a U.S…. Read the full article here. TweetShareShare0 Shares
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Second lawsuit filed in at-sea monitoring dispute

March 10, 2020
A second lawsuit has been filed in a U.S. federal courthouse against a rule, scheduled to take effect Monday, 9 March, that would require Atlantic herring fishermen to pay for independent monitors aboard their vessels. Seafreeze Fleet LLC and two vessels it owns filed the lawsuit against the U.S. Department of Commerce, the National Oceanic…
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A Possible Limit On High Court 2005 Agency Deference Ruling

March 6, 2020
Recently, Justice Clarence Thomas, the author of the U.S. Supreme Court’s 2005 decision in National Cable & Telecommunications Association v. Brand X Internet Services, argued that the decision should be overruled… Read the full article here. TweetShareShare0 Shares
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NCLA Sues the Dept. of Commerce

March 6, 2020
The New Civil Liberties Alliance today filed a lawsuit in the U.S. District Court of Rhode Island against the U.S. Department of Commerce (DOC), the National Oceanic and Atmospheric Administration (NOAA), the National Marine Fisheries Service (NOAA Fisheries), as well as the heads of those agencies. The suit challenges the agencies’ unconstitutional and statutorily unauthorized effort…
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The Need for a Clear Path: The Supreme Court Declines to Reconsider Brand X in Baldwin v. United States

March 5, 2020
Judges often advise appellate lawyers to provide in their briefs a clear path to the outcome they want. The Supreme Court of the United States recently denied review in a case that exemplified that lesson yet again. In Baldwin v. United States, No. 19–402, the petition for certiorari argued that the Court should overrule National Cable & Telecommunications Association…
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Petitions of the week

March 5, 2020
This week we highlight petitions pending before the Supreme Court that address, among other things, whether the burden of persuasion in qualified immunity cases should be on the plaintiff or on the defendant, whether the due process clause is violated when the prosecution relies on material, perjured testimony to secure a conviction but did not…
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