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Analysis

712 articles

Opinion analysis: Majority sides with employee in civil service argument, but Gorsuch announces his presence with authority

The late Justice Byron White used to say that every new justice created a “new” Supreme Court. Perry v. Merit Systems Protection Board, decided on Friday, may be remembered as the opening salvo in the battle over statutory interpretation on the “new” Roberts court featuring Justice Neil Gorsuch (who, appropriately, clerked for White).

ByHoward M. Wasserman/Jun 26, 2017

Opinion analysis: In regulatory takings case, court announces a new test

Under the doctrine of regulatory takings, government regulation that goes “too far” in burdening property rights counts as a taking under the Fifth Amendment, entitling the owner to “just compensation.” In deciding such claims, courts often must deal with a tricky preliminary question: How should they define the bounds of the property that the government has allegedly taken?

ByMiriam Seifter/Jun 24, 2017

Opinion analysis: To strip citizenship for false statements, government must show that lies would have mattered

In 2000, Divna Maslenjak and her family came to the United States as refugees from the former Yugoslavia, fleeing the civil war in that country. Maslenjak became a U.S. citizen in 2007, but several years later she was stripped of her citizenship and deported – as was her husband – because immigration officials discovered that she had made false statements during her naturalization process.

ByAmy Howe/Jun 22, 2017
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