A cursory look at the organizations that sponsored the NERA report lends some credence to Sotomayor’s assessment. Coal producers Murray Energy and Peabody Energy, for instance—two petitioners that sought a stay of the Clean Power Plan—were, in 2016, members of the American Coalition for Clean Coal Electricity, or the ACCCE. American Fuel and Petrochemical Manufacturers, whose members […]
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The New York Times on Saturday published a series of Supreme Court internal memos that amount, in hindsight, to a major milestone in the decline of American democracy. The closely held memos show how the justices’ shadow docket—particularly their use of brief, unsigned decisions on cases before they’ve even reached the court—transformed from a simple administrative […]
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Unsurprisingly, the conservative justices apparently agreed with that view. The other parental plaintiffs, however, argued that the California law intruded upon their rights as parents, which they said were guaranteed by the Fifth Amendment’s Due Process Clause. The doctrine that the clause protects unenumerated rights through its reference to “liberty” is known as substantive due […]
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