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NY Times: “On his first day in office alone, Mr. Biden intends a flurry of executive orders that will be partly substantive and partly symbolic” – Reason.com
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The New York Times has reviewed “a memo circulated on Saturday by Ron Klain, his incoming White House chief of staff” about President-Elect Biden’s flurry of executive actions for January 20: They include rescinding the travel ban on several predominantly Muslim countries, rejoining the Paris climate change accord, extending pandemic-related limits on evictions and student loan payments,…
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High Court Won't Take Up SEC In-House Judges Debate
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Law360 (January 11, 2021, 11:29 AM EST) — The U.S. Supreme Court said Monday it would not take up another challenge to the constitutionality of U.S. Securities and Exchange Commission administrative law judges, rejecting a case from a former investment adviser who argued he shouldn’t have to run the agency’s in-house enforcement gauntlet before his constitutional claims can be…
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Illinois Eviction Moratorium Extended to February 2021 for Renters
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As of January 9, 2021, Governor J.B. Pritzker’s administration extended a version of the statewide ban on residential evictions until February 6, 2021. This reprieve is welcomed by certain Illinois renters facing severe financial shortfalls due to the economic displacements caused by Covid. Landlords might view the modified extension as a limited reprieve, also, as…
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Stop Protecting Unconstitutional Judges
Imagine your amateur softball league has a bylaw that all umpires must be hired by the league commissioner. Before a big game, some emergency umps‐for‐hire pile out of a van and start officiating without the commissioner’s approval. You’re skeptical, but it’s pointless to object during the game — the league has a hard rule that umpires won’t respond if…
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In Support of Arthrex – Amicus Briefs Urge Court To Leave Remedy To Congress
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In the wake of Arthrex’s initial merits brief, amicus briefs in support of Arthrex’s position were filed December 29th and 30th. In the Arthrex cases (docketed as 19-1434), the parties have persuaded the Supreme Court to review a decision by the Federal Circuit holding that administrative patent judges (APJs) are principal officers and that their appointments violate the Appointments Clause of…
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