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Friedrichs Redux

Raymond J. Nhan, David Dewhirst February 02, 2017
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Of the many cases affected by the untimely passing of Justice Antonin Scalia, no case had more far-reaching First Amendment potential than Friedrichs v. California Teachers Association. One of the most anticipated cases during the October 2015 term, the case required the Court to determine whether it would accede to public school teachers’ request and overrule Abood v. Detroit Board of Education. Abood arose as a sort of First Amendment aberration in 1977, holding that public employees could be forced to pay unions compulsory agency fees as a condition of employment. [Read More]

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Supreme Court Justice Antonin Scalia

Justice Scalia's Influence On Display in Apple v. Samsung decision

Joshua Wolson December 07, 2016
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Most discussions about the Supreme Court’s 8-0 decision in Samsung Electronics, Ltd. v. Apple Inc. have focused and will continue to focus on the decision’s implications for patent law and innovation. The decision also highlights the impact that Justice Scalia has had on the Supreme Court specifically and on legal thinking more generally. Indeed, although the decision in the case does not mention Justice Scalia, its analysis is, in many ways, a tribute to him.  [Read More]

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Supreme Court Justice Antonin Scalia

The CFPB, Justice Scalia, and Lone Dissents

Raymond J. Nhan October 14, 2016
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This past Tuesday, the United States Court of Appeals for the D.C. Circuit—in arguably its most significant opinion of the year—held that the Consumer Financial Protection Bureau (CFPB)’s structure is unconstitutional. In an opinion by Judge Brett Kavanaugh, the court held that the CFPB’s status as an independent agency headed by a single director who is removable only for cause violated Article II of the Constitution. Christian Corrigan previously blogged on this case and explained how Judge Kavanaugh’s opinion protects individual liberty.

Beyond the legal arguments, Judge Kavanaugh’s opinion is interesting because of its reliance on Justice Antonin Scalia’s dissent in Morrison v. Olson. In Morrison, the Court upheld the constitutionality of the Independent Counsel Act, which allows a special court to appoint an independent counsel to investigate government officials’ impropriety. [Read More]

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Exceptionalism by Michael B Mukasey

Happy Anniversary to the FedSoc blog!

Timothy Courtney September 09, 2016
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The new, revamped Federalist Society blog turns one year old this week! Take a look at the top posts since September 2015:

Supreme Court Preview: Puerto Rico v. Sanchez Valle, by Rick Pildes

Justice Scalia and Mismatch, by Alison Somin

The Climate Change Inquisition, by Peggy Little

Restoring Public Trust: In Foster v. Chatman, Supreme Court Strikes Blow Against Prosecutorial Misconduct, by Evan Bernick

Who’s ‘Weaponizing the First Amendment’—the Left or the Right?, by Brian Miller