“If we think that disparity is a problem that needs to be remedied, we need to get the guidelines set in a way that garners more respect and makes judges more inclined to follow them,” Berman said.
“When you’ve got a political system in which there’s virtually no bipartisan compromise, partisan gerrymandering really means that people who are affiliated with the minority party have zero power,” Tokaji said.
“By representing kids who have been victimized, we’re giving them a voice they haven’t had before,” Jordan said. “They know they have somebody on their side fighting for them and arguing for what they want to happen in their lives, to try to move forward into adulthood.”
“Uncertainty as to the future of the Russia investigation will surely not abate amid the president’s Twitter storms,” Shane writes.
“In a world where marijuana is illegal for all purposes, any presence of the drug at any level is itself a crime,” Berman said. “So most states have set driving levels low.”
“Yiwu is a model of economic success,” Chow said. “But its economic success is based upon illegal activity.”
“This is a theme that goes all the way back through the beginnings of American history,” Foley said.
“They are a tool used by the Surgeon General to call attention to an issue and to provide guidance to the public,” Berman said. “They are only issued rarely, when immediate action is called for—which is what makes them so noteworthy.”
“It sounded like Judge Sullivan is mightily concerned about the seriousness of Flynn’s conduct,” Berman said.
“Congress doesn’t have to be controlled by the litigation in terms of deciding whether to seat the elected member,” he said. “That’s a decision Congress ultimately makes itself.”
“In a situation where say there’s two people involved in a robbery, they go in to rob and then police shoot somebody, and police are actually the ones who did the direct killing, we still say the felons were approximately causing that death and should be held responsible under this felony murder doctrine,” Berman said.
“I think the solicitor general is in a tough spot,” Walker said. “It would not surprise me if the SG filed a brief saying Auer deference is not grounded in positive law.”