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Search resuls for: "Paul Clement"


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Her memoir was, appropriately, entitled: “Are You Tough Enough?”Her son Neil Gorsuch, a Supreme Court justice since 2017, has shown his own brand of defiance and anti-regulatory fervor. In recent years, Justice Gorsuch has voted against regulations that protect the environment, student-debt forgiveness and Covid-19 precautions. He has led calls on the court for reversal of a 1984 Supreme Court decision that gives federal agencies considerable regulatory latitude and that, coincidentally traces to his mother’s tenure. The lawyers who will argue on behalf of the challengers are seasoned appellate advocates who once served as Supreme Court law clerks, as did Solicitor General Prelogar. That argument has prevailed in courts for decades, but the Supreme Court has signaled that it is ready for a new era.
Persons: Anne Gorsuch, Ronald Reagan White, Neil Gorsuch, Gorsuch, Chevron, Charles Koch, Trump, , , ” Gorsuch, Elizabeth Prelogar, ” Neil Gorsuch, Ronald Reagan, , Robert Burford, Anne Burford, Neil, John Paul Stevens, Thomas Merrill, Stevens, Merrill, Magnuson, Koch, Prelogar, Roman Martinez, ” Martinez, ” Paul Clement, ” Clement, ” Prelogar, Biden, Don McGahn, Anne Gorsuch Burford, McGahn, “ I’ve Organizations: CNN, Environmental Protection Agency, Congress, Ronald Reagan White House, Chevron USA, Inc, Natural Resources Defense Council, Chevron, Marine Fisheries Service, , Supreme, , White House, Land Management, Columbia University, Conservative, National Marine Fisheries Service, Loper Bright Enterprises, Stevens Conservation, Management, “ Chevron, Trump Locations: Washington, Chevron, Colorado
Reversal of the so-called Chevron deference approach was a priority for the judicial selection team that served Trump – on par with some right-wing activists’ quest for reversal of constitutional abortion rights. The reconstituted Supreme Court delivered on that agenda item in 2022 when it overturned Roe v. Wade. Former White House counsel Don McGahn, who controlled Trump’s judicial selections, regularly touted the administration’s anti-regulation agenda. He was especially drawn to the first two Trump appointees, Neil Gorsuch and Brett Kavanaugh, for their records in that regard. In his written brief and during arguments, Martinez invoked an adage of Chief Justice Roberts from his 2005 confirmation hearings, that judges serve as umpires, just calling balls and strikes.
Persons: Donald Trump, who’ve, Roe, Wade, Don McGahn, Neil Gorsuch, Brett Kavanaugh, , ” McGahn, McGahn, Anne Gorsuch, Reagan, Gorsuch, , “ I’ve, Trump, Mitch McConnell, Leonard Leo, Biden, Roberts, John Roberts, ” Roberts, Roman Martinez, Martinez, , Magnuson, Elizabeth Prelogar, don’t, Prelogar, Elena Kagan, ” Kagan, there’s, ” Martinez, Paul Clement, Justice Roberts, Ketanji Brown Jackson, They’re, ” Kavanaugh, George W, Bush, ” Said Kavanaugh Organizations: CNN, Trump, White House, Chevron, Environmental Protection Agency, Republican, Federalist Society, Chevron USA, Inc, Natural Resources Defense, , “ Chevron, National Marine Fisheries Service, Stevens Conservation, Management, Congress Locations: lockstep, Chevron
Lower courts used the decision to uphold a 2020 National Marine Fisheries Service rule that herring fishermen pay for monitors who track their fish intake. A group of commercial fishermen appealed the decision to the Supreme Court. They lost in the lower courts, which relied on the Chevron decision to sustain the regulation. The Supreme Court itself hasn't invoked the Chevron decision since Trump's justices began arriving on the court in 2017, the first year of the Republican's administration. ___Follow the AP's coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.
Persons: Donald Trump, , Mark Chenoweth, Koch, it’s “, David Doniger, Doniger, — Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh —, Ryan Mulvey, , Leif Axelsson, Axelsson, he’d, John Paul Stevens, ” Stevens, Sandra Day O'Connor, hasn't, Paul Clement, ” Clement Organizations: WASHINGTON, — Business, Marine Fisheries Service, Supreme, Chevron, New Civil Liberties Alliance, Natural Resources Defense, American Cancer Society, , Trump, Action Institute, Fishermen, U.S Locations: Rhode Island, Cape May , New Jersey, Coast, Cape
Tesla is suing the Louisiana Automobile Dealers Association, members of the Louisiana Motor Vehicle Commission and a group of dealers. The Justice Department and lawyers for Tesla said U.S. civil antitrust law does not require a showing of intent. Adding that requirement would "improperly" restrict antitrust law, Justice Department lawyers told the appeals court. Tesla countered in the appeal that Louisiana car dealers had "agreed with one another to harass Tesla with baseless investigations and drive it out of the state." The case is Tesla v. Louisiana Automobile Dealers Association et al, 5th U.S.
Persons: Tyrone Siu, Tesla, Elon Musk, Sarah Vance, Vance, Ari Holtzblatt, Wilmer Cutler Pickering Hale, Dorr, Mark Beebe, Adams, Reese, Paul Clement of Clement, Murphy, Matthew Mandelberg, Read, Mike Scarcella Organizations: Tesla, REUTERS, Tyrone, U.S . Justice, Louisiana Automobile Dealers Association, Louisiana Motor Vehicle Commission, Department, Circuit, Appeals, Justice Department, Louisiana Legislature, Louisiana Automobile Dealers, 5th U.S, Reese For Louisiana Automobile Dealers, Thomson Locations: Taipei, Taiwan, New Orleans, U.S, Louisiana, Michigan, 5th, States
WASHINGTON (AP) — Charles and Kathleen Moore are about to have their day in the Supreme Court over a $15,000 tax bill they contend is unconstitutional. "If you haven’t received any income, how can you be required to pay income taxes?” Charles Moore asks in a video posted by the Competitive Enterprise Institute. But far from being a passive investor with no influence over the company, Moore, who worked at Microsoft during his career in software development, served on KisanKraft's board of directors for five years. One other inconsistency is that while the Moores say they jointly invested the money, only Charles Moore's name appears in company documents. Rosenthal said that “the ugly facts matter” and that the justices could return the Moores' case to a lower court without ruling on it.
Persons: — Charles, Kathleen Moore, Charles Moore, Moores, Paul Clement said, Donald Trump, haven’t, ” Charles Moore, Moore, Charles, KisanKraft, ” Mindy Herzfeld, Charles Moore's, , Reuven Avi, Yonah, Andrew Grossman, Steven Rosenthal, Rosenthal, John Roberts, Clarence Thomas, Ginni, Ravindra “ Ravi ” Kumar Agrawal, , ” Moore, Samuel Alito, David Rivkin, Alito, Rivkin, Fatima Hussein Organizations: WASHINGTON, Enterprise Institute, Foundation, Republican, U.S . Chamber of Commerce, Competitive Enterprise Institute, Microsoft, University of Florida, KisanKraft, University of Michigan, Associated Press, Urban, Brookings Tax, Center, Moores, ___ Associated Locations: Redmond , Washington, India, county Limerick, Ireland, Nebraska, Colorado, Washington, ___
On the heels of that decision, a federal appeals court invalidated a federal law that bars an individual who is subject to a domestic violence restraining order from possessing a firearm. A three-judge district court panel struck down the plan in January, saying that race had been the predominant motivating factor. Three years ago, the Supreme Court limited the independence of the CFPB by invalidating its leadership structure. The court’s decision could impact whether the SEC and other agencies can conduct enforcement proceedings in-house, using administrative courts staffed with agency employees, or whether such actions must be brought in federal court. “It’s difficult to think of any other recent First Amendment cases in which the stakes were so high,” Jaffer added.
Persons: Clarence Thomas, , Biden, Zackey Rahimi, John Roberts, Taiwan Scott, Thomas, Elizabeth Prelogar, Magnuson, Paul Clement, ” Clement, , pare, George Jarkesy, Sackler, ” Prelogar, Jameel Jaffer, Jaffer Organizations: CNN, Gun Safety, South Carolina’s Republican, South Carolina State Conference of, NAACP, Democrat, Republican, National Marine Fisheries Service, Chevron, Natural Resources Defense, Stevens Fishery Conservation, Management, Independent, Consumer Financial, Federal Reserve, US, Federal Deposit Insurance Corporation, Securities, Exchange, US Securities and Exchange Commission, SEC, Social Security Administration, Circuit, Historic Purdue Pharma, Purdue Pharma, Sackler, Purdue, Facebook, YouTube, Columbia University’s Locations: United States, South Carolina, Alabama, Taiwan, Charleston County, Chevron, Florida, Texas
The US Supreme Court will take up a case brought by a group of New Jersey fishermen. If overturned, the case could have major impacts on federal climate and environmental regulations. The doctrine, established in the 1984 Supreme Court case Chevron USA v. Natural Resources Defense Council, calls for courts to defer to federal agencies' interpretations of ambiguous federal laws. Cause of Action Institute counsel Ryan Mulvey added that the Supreme Court "has an opportunity to correct one of the most consequential judicial errors in a generation." The conservative-majority Supreme Court is slated to hear the case in its next term.
Washington CNN —The Supreme Court agreed Monday to reconsider long held precedent and decide whether to significantly scale back on the power of federal agencies in a case that can impact everything from how the government addresses everything from climate change to public health to immigration. Conservative justices have long sought to rein in regulatory authority, arguing that Washington has too much control over American businesses and individual lives. The justices have been incrementally diminishing federal power but the new case would allow them to take a much broader stride. Clement argued that the agency exceeded its authority and needed direct and clear congressional authorization to make the demand. The regulation was put in place to combat overfishing of the fisheries off the coasts of the US.
[1/3] Dominion lawyers embrace after Dominion Voting Systems and Fox settled the defamation lawsuit over Fox's coverage of debunked election-rigging claims, in Wilmington, Delaware, U.S., April 18, 2023. At least 31 lawyers from nine different law firms worked on the case, court filings show. It was not immediately clear how large a share of the settlement the firm would receive in legal fees. The filings do not include recent costs associated with preparing for trial or the success fees lawyers could earn from the settlement. Fox News also hired Paul Clement and Erin Murphy, top appeals court lawyers who have advocated for conservative causes at the U.S. Supreme Court.
April 4 (Reuters) - Federal appeals court judges on Tuesday appeared skeptical of 3M's (MMM.N) bid to use the bankruptcy of its subsidiary Aearo Technologies to shield itself from nearly 260,000 lawsuits over allegedly defective military-issue earplugs. Circuit Court of Appeals in Chicago to reverse a bankruptcy court order allowing the lawsuits to move forward against 3M, even though Aearo is bankrupt. Aearo and 3M said the bankruptcy process would facilitate a fair and comprehensive settlement with the plaintiffs. David Frederick, representing the plaintiffs, told the panel that 3M "contrived this bankruptcy to help itself, not Aearo or its creditors." The next-largest MDL, the Johnson & Johnson talc litigation, has 38,000 cases.
In exchange for as little as a few thousand dollars in contributions to the nonprofit, these people received easy access to events where Supreme Court justices would be. Supreme Court Historical society trustee Jay Sekulow, center, represented President Trump during the latter's impeachment trial in 2020. Anti-abortion advocates cheer in front of the Supreme Court after the decision in Burwell v. Hobby Lobby Stores was announced in 2014. Alito did not respond to a request for comment on his involvement in the Supreme Court Historical Society. Supreme Court justices, though, aren't even required to stay within those weak guardrails because no code of ethics governs justices' behavior.
That ruling, widely known as “Chevron deference,” directs judges to defer to agencies’ interpretation of laws that may be ambiguous. The companies sued the federal government in 2020 over the monitors, who ensure the boats are complying with federal fishing laws. The precedent has been viewed with increasing skepticism in recent years, especially among conservatives, including Supreme Court Justice Neil Gorsuch. v. Gina Raimondo et al., United States Supreme Court, case No. For the fishing companies: Paul Clement, Andrew Lawrence and Chadwick Harper of Clement & MurphyFor the government: Counsel information not immediately availableOur Standards: The Thomson Reuters Trust Principles.
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