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An interesting analysis by Prof. David Cole (Georgetown), the former National Legal Director of the ACLU, at Just Security; an excerpt: After more than two hours of argument Friday morning in TikTok v. Garland, the Supreme Court appears likely to allow the U.S. government to force divestiture or shuttering of the platform on January 19…. In my view, that’s the wrong result…. [But] how the Court reaches its result may now be more important than the bottom line. In particular, the Court should reject […]

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As I noted on Friday, the Supreme Court accepted certiorari to hear an appointments clause challenge to the U.S. Preventive Services Task Force in Becerra v. Braidwood Management. This task force is the entity that determines which preventative treatments must be covered by health insurance without requiring any co-payment by the insured under the Affordable Care Act. The U.S. Court of Appeals for the Fifth Circuit had concluded that its structure is unconstitutional. The Court did not take […]

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