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12 hours 51 min ago

Sorry, it’s taken me awhile to analyze the Michigan v. EPA, which the Supreme Court heard back on March 25.  The case asks whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.  I predict a 5-4 decision in favor of the Petitioners.

Figure 1.

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2 days 12 hours ago

Did you miss your Supreme Court news this week? Let our Weekly Roundup help. (To stay on top of the latest Supreme Court happenings, follow ISCOTUS on Twitter.)

Following a similar decision last month involving the state of Alabama, the Supreme Court on Monday threw out a North Carolina redistricting...

4 days 8 hours ago

The Supreme Court heard oral argument on Wednesday in Horne v. Department of Agriculture, which asks (1) whether the government’s “categorical duty” under the Fifth Amendment to pay just compensation when it “physically takes possession of an interest in property,” Arkansas Game & Fish Comm’n v. United States, applies only to real property and not to personal property; (2) whether the government may avoid the categorical duty to pay just compensation for a...

5 days 15 hours ago

The Supreme Court heard oral argument in one case on Tuesday, McFadden v. U.S., which asks whether, to convict a defendant of distribution of a controlled substance analogue – a substance with a chemical structure that is “substantially similar” to a schedule I or II drug and has a “substantially similar” effect on the user (or is believed or represented by the defendant to have such a similar effect) – the government must prove that the defendant knew that the substance...

6 days 14 hours ago

The Supreme Court heard one oral argument on Monday in Johnson v. United States, which asks whether mere possession of a short-barreled shotgun should be treated as a violent felony under the Armed Career Criminal Act.  This is a very difficult case to predict.

As Figure 1 indicates, the total question count is very close: The Court asked the Petitioner 58 questions and the Respondent 57...