Can trump win in scotus
[DOC File]Home | NYU School of Law
https://info.5y1.org/can-trump-win-in-scotus_1_f058d3.html
Finding unenumerated rights: concerned w/ counter-majoritarian court striking down statute using an unenumerated right → BUT SCOTUS can find unenumerated rights when a reasonable person would say that the proposed right is deeply rooted in nation’s traditions and history (which is not the case re: freedom of K) Coppage [CB 424]
[DOC File]Santa Clara Law
https://info.5y1.org/can-trump-win-in-scotus_1_a8e315.html
(Marbury = if SCOTUS can hear cases arising under the Constitution, it must decide what law applies and when two laws conflict it must be able to pick one) and. Art.VI Supremacy Clause and Oath (Marbury = the judicial oath requires SCOTUS to uphold the Constitution, which is the supreme law of the land, so it must trump conflicting statutes)
[DOC File]Civ Pro Review - NYU Law
https://info.5y1.org/can-trump-win-in-scotus_1_4a9620.html
Can get jurisdiction if few contacts but related to . Min contacts and traditional notions of fair play and substantial justice. Int’l Shoe and progeny. Foreseeability – know product will end up in state – long arm. Gray – but not SCOTUS case. Can get jurisdiction for one contact if claim arises out of it – McGee
[DOC File]FEDERAL COURTS OUTLINE - HLS Orgs
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(ii) State courts can refuse to hear federal claims so long as would also refuse to hear analogous state claims. BUT, under Ward there’s a limit on this “nondiscriminatory state law” principle in the DP context. Why Congress can trump the presumption: Supremacy Clause
[DOC File]4 September 2008 .edu
https://info.5y1.org/can-trump-win-in-scotus_1_b3887e.html
New: Cost/benefit can win for liberal positions. Argument over what counts as a benefit and as a cost. Systematic undervalue of benefit or overvalue of cost may make not work well. 7 November 2008. Both republicans and democrats have used the OMB to coordinate and govern agency action. All have used cost/benefit analysis for all regulations.
[DOC File]CHURCH & STATE
https://info.5y1.org/can-trump-win-in-scotus_1_9e4a49.html
PROF. NOAH FELDMAN SPRING 2007. Boundaries of Liberty. Sherbert v. Verner. She can’t get work b/c all jobs in area (mill jobs) req. her to work Sat. –law says to be eligible for unemployment must take available work offered by unemployment office unless have good cause not to -- state doesn’t consider religious reasons (Sat. sabbath) as good cause
[DOC File]Home | NYU School of Law
https://info.5y1.org/can-trump-win-in-scotus_1_76a5c2.html
Kurtzman (Scotus 1971) held that state aid to religious schools involved excessive government “entanglement” with religion, in violation of the Establishment Clause. ... constitution just says federal law can trump. Possible outcomes when federal and state …
[DOC File]Legislation and Regulation - HLS Orgs
https://info.5y1.org/can-trump-win-in-scotus_1_b7de22.html
SCOTUS says that FDA can’t regulate tobacco. ... Statutes later in time trump earlier ones where there’s an inconsistency, but don’t find inconsistency by implication if we can help it. ... No default rule that agency has to prove justification of regulation to win. Uncertainty can cut in favor and against regulation. Fox vs. FCC shows ...
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