business lawyer orange county california

IN FIRST MERITS OPINION BY BARRET, SCOTUS RULES AGAINST ENVIRONMENTAL GROUP SEEKING DRAFT RULE-MAKING DOCUMENT

“ The U.S. Supreme Court ruled 7-2 Thursday that draft rule-making documents were protected from disclosure under a Freedom of Information Act request by the Sierra Club. The high court ruled that two “draft biological opinions” on threats to endangered species were protected from disclosure by FOIA’s deliberative process privilege. Justice Amy Read more…

Universal Injunction

The Lost History Of the Universal Injunction

The issuance of injunctions that reach beyond just the plaintiffs has recently become the subject of a mounting wave of censorious commentary, including by members of Congress, a Supreme Court Justice, the Solicitor General, the Attorney General, and the President. Critics of these “universal” injunctions have claimed that such injunctions Read more…

Mark's Rule

Beyond Mark’s Rule

This Article explores a basic question of precedent formation: When a majority of the Supreme Court cannot agree on a rule of decision, can the Court nonetheless create a precedent? Under the Marks rule, the answer is yes: a fragmented Court decision stands for the “position taken by those members who concurred Read more…