Articles

Supreme Court calls for the Solicitor General’s views on Rinehart v. California

May 15, 2017 | By JONATHAN WOOD

  This morning, the Supreme Court asked the United States’ Solicitor General to weigh in on Rinehart v. California, PLF’s challenge to California’s suction dredge mining ban. The case raises significant questions about federalism, preemption, and state regulation of federal lands. … ...

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About that "superprecedent" thing

March 23, 2017 | By TONY FRANCOIS

During this week’s Senate Judiciary Committee hearing on Judge Gorsuch’s nomination to the Supreme Court, Ranking Member Diane Feinstein repeatedly used the term “superprecedent” to describe the Supreme Court’s 1973 decision in Roe v. Wade. Her line of questioning was aimed at badgering the judge into agreeing with her ...

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During His Confirmation Hearings, Judge Gorsuch Discusses the Role of the Judiciary

March 22, 2017 | By JEFF MCCOY

I had the honor of learning from Judge Neil Gorsuch while I attended the University of Colorado Law School, both as his student in the classroom and as his intern for a semester at the Tenth Circuit Court of Appeals. Because Judge Gorsuch has had a big influence on my legal education and career, I … ...

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Gorsuch confirmation hearing day two : preview

March 21, 2017 | By TONY FRANCOIS

Today, each of the Senate Judiciary Committee’s 20 members will have 30 minutes to ask questions of Judge Gorsuch. Interested readers may view the hearing live or recorded at the Committee’s website. Copies of Judge Gorsuch’s responses to written questions and other written submissions are available here for those who want to read ...

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Gorsuch hearing day one round up : the judge's opening statement

March 20, 2017 | By TONY FRANCOIS

His own words are better and more important than any analysis and comment from us. Anyone with the least interest in Judge Gorsuch’s nomination should listen to his statement from beginning to end. For what its worth, my favorite part is the tribute he offers to his wife. … ...

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Gorsuch hearing day one round up : introduction statements

March 20, 2017 | By TONY FRANCOIS

Following almost four hours of occasionally interesting statements by the 21 members of the Senate Judiciary Committee, Judge Gorsuch was introduced by a panel of three: Colorado’s two United Senators, and former Acting Solicitor General of the United States Neal Katyal. … ...

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Gorsuch hearing day one round up : committee member statements

March 20, 2017 | By TONY FRANCOIS

Today was day one of the Senate Judiciary Committee hearing on the nomination of Judge Neil Gorsuch to the Supreme Court. Most of the day was taken up with statements made by the 21 Senators on the Committee, which took up almost four hours of the four and a half hour day. While much of … ...

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Francois interviewed by Daily Signal on Gorsuch confirmation

March 17, 2017 | By TONY FRANCOIS

I am interviewed for an article published this afternoon in the Heritage Foundation’s Daily Signal, previewing the procedural aspects of the Senate’s confirmation process for Judge Neil Gorsuch’s nomination to the Supreme Court. Anytime a major decision is before the United States Senate, the 60 vote majority rule plays a role. Th ...

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Supreme Court remands North Carolina bathroom case to Fourth Circuit

March 06, 2017 | By TONY FRANCOIS

Several weeks ago we blogged about our amicus brief to the Supreme Court in the widely followed North Carolina bathroom case, about whether federal law determines which bathrooms transgender students may use. The Fourth Circuit Court of Appeals had ruled that instead of determining whether the applicable statute and regulations had the asserted ef ...