The US Court of Appeals for the Federal Circuit on Thursday granted the Trump administration’s motion to stay a lower court injunction against its 10 percent global tariff, allowing the government to keep collecting the duties from three importers that had won relief while the appeal proceeds. The per curiam order keeps in place a [...]
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Federal court blocks Texas AG lawsuit against Democratic fundraising platform
The US District Court for the District of Massachusetts granted a preliminary injunction against Texas Attorney General Ken Paxton, effectively blocking Paxton from pursuing a lawsuit against the Democratic Party’s fundraising platform, ActBlue. Federal Judge Richard Stearns chided Paxton for suing ActBlue in an effort to retaliate against the company for promoting and enabling contributions [...]
Beyond 'America First': International Law and the Obligation of Global Unity
During the 1960s, the author spent four years studying international law at Princeton. At that time, the intellectual influence of J. Robert Oppenheimer and Albert Einstein was palpable on campus. Much of the earliest conceptual thought about nuclear weapons and nuclear war originated at Princeton. Here, Professor Beres examines what we can learn from these [...]
DOJ legal opinion challenges EEOC 'disparate impact' policies
The US Department of Justice (DOJ) on Tuesday issued a formal legal opinion declaring the approach of the Equal Employment Opportunity Commission (EEOC) to enforcement of “disparate impact” liability to be unlawful. The theory of disparate impact liability originated in the 1971 Supreme Court decision in Griggs v. Duke Power Co., in which it was [...]
The Economics of Adult Migration and Birthright Citizenship: Who Really Pays the Price?
The Citizenship Clause of the Fourteenth Amendment of the US Constitution grants citizenship to nearly all children born in the United States, regardless of whether their parents are citizens, permanent residents, unauthorized migrants, or transient visitors. Limited exceptions exist, such as children born to accredited foreign diplomats, who are not subject to US jurisdiction. This [...]
US Supreme Court clarifies agency powers in pair of new rulings
The US Supreme Court on Thursday issued favorable rulings to federal regulators in two separate cases, adding clarity to recent holdings that signaled skepticism toward agency powers. In FCC v. AT&T, the Supreme Court ruled 8-1 that the Federal Communications Commission (FCC) system for issuing monetary forfeiture orders does not violate the guarantee of a [...]
Netherlands court allows Greenpeace lawsuit against Energy Transfer to proceed
The Amsterdam District Court on Wednesday allowed Greenpeace International to proceed with its anti-SLAPP lawsuit against Energy Transfer in the Netherlands. Energy Transfer, one of the largest energy companies in North America with business operations in the Netherlands, attempted to halt a lawsuit initiated by Greenpeace International, an environmental group headquartered in the Netherlands. The [...]
Supreme Court allows Alabama to use congressional map likely to favor Republicans during midterms
The US Supreme Court issued an unsigned order Tuesday allowing Alabama to use a congressional map that is expected to benefit Republican candidates during the midterms, effectively eliminating a district currently represented by a Black Democrat. Over the dissent of the three liberal justices, the court released the order despite the fact that Alabama has [...]
Federal appeals court rules Trump policy banning transgender troops is illegal
The US Court of Appeals for the District of Columbia Circuit ruled Monday that a Trump administration policy banning transgender troops from military service is illegal. In a split decision, the court concluded that the administration may stop transgender recruits from joining, but could not immediately remove transgender troops who are already actively serving. The [...]
US federal appeals court clears way for Texas to enforce migrant arrest law
The US Court of Appeals for the Fifth Circuit on Friday cleared the way for Texas to enforce Senate Bill 4 (SB 4), staying a district court injunction that had blocked the state immigration enforcement measure from taking effect. The decision allows Texas law enforcement officers to arrest people suspected of entering the country without [...]