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Can a plaintiff represent a class without showing that there’s a feasible way to identify the absent class members? In its recent decision in Cherry v. Dometic Corp., the Eleventh.
By Roger Eddy
Behind closed doors, something very important is happening in our democracy. I would suspect that aside from people who follow redistricting, many are unaware of both the process and outcome of redistricting. I do think everyone would argue for a “fair” process.
The United States Constitution says very little about redistricting, except for some limited references in Article 1, Section 2. In the third paragraph of this Section, a process for enumerating the population of the states to determine the number of seats that each state would have in Congress is described this way: “Representatives and direct Taxes shall be apportioned among the several States which may be included within this union, according to their respective numbers.” Basically, this describes the census process that takes place every 10 years, and why states take census gathering so seriously.
The Supreme Court on Tuesday took objection to submissions of a law student while addressing the judges as "Your Honour".A bench headed by Chief Justice S.A. Bobde and comprising Justices A.S. Bopanna and V. Ramasubramanian told the .
Monday, February 22, 2021
On February 11, 2021, the Ninth Circuit upheld the district court’s decision vacating Nationwide Permit (NWP) 48, Commercial Shellfish Mariculture Activities, in Washington State. As previously discussed, industry appealed the lower court’s holding that the United States Army Corps of Engineers (Army Corps) violated the Clean Water Act and the National Environmental Policy Act (NEPA) when it issued NWP 48 in 2017. Industry also appealed the lower court’s order that vacated the permit and prior authorizations under it in Washington State and temporarily stayed vacatur in certain instances. The government notably did not appeal.
In a short order, the Ninth Circuit affirmed the district court’s finding that the Army Corps failed to adequately explain its finding that the 2017 version of NWP 48 would have “no significant impact” under NEPA. The court concluded that the Army Corps’ reasoning behind issuing NWP 48 contradicted or d