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Earlier this week, the Third Circuit held in Delaware River Joint Toll Bridge Commission v. Secretary Pennsylvania Department of Labor and Industry that Pennsylvania ceded its authority...
N.J. presses Supreme Court not to hear PennEast Pipeline case after feds throw support behind it Updated Jan 14, 2021; The New Jersey Attorney General is urging the Supreme Court not to review and overturn a federal appeals court ruling issued last year against a $1 billion natural gas pipeline that will run through New Jersey and the Lehigh Valley. The Federal Court of Appeals for the Third Circuit ruled in September 2019 that the PennEast Pipeline cannot seize New Jersey-owned land in order to build the gas line. Citing the Eleventh Amendment, the decision held that PennEast cannot use emi...
NEW ELECTION EMERGENCY APPLICATION TO JUSTICE ALITO: Can A Clerk Overrule The Supreme Court? But first a recap of previous failed legal maneuvers concerning the election… Somebody please tell President Trump’s election lawyers there’s a federal statute – 3 U.S.C. § 1 – which requires all elections for Presidential Electors to be completed on Election Day. Then tell his lawyers – and the lawyers for Texas who failed to cite it properly – that 3 U.S.C. § 2 only applies when 3 U.S.C. § 1 is violated. Texas failed to mention 3 U.S.C. § 1 in their brief, so how could Texas rely o...
POLITICO After Trump’s drubbing in the courts, liberals fear a legal hangover The president and his allies have lost suit after suit seeking to overturn the election. But the victories could ultimately prove costly for the left. President Donald Trump departs on the South Lawn of the White House on Dec. 12, 2020 in Washington, DC. | Al Drago/Getty Images Link Copied As President Donald Trump’s campaign and its allies piled up loss after embarrassing loss in court in recent weeks, the cheers from Democrats, liberal law professors and civil rights litigators built into a deafening, contempt...
To embed, copy and paste the code into your website or blog: On December 9, 2020, the Acting Solicitor General filed a brief on behalf of the United States, as amicus curiae, in support of PennEast Pipeline Company’s petition for a writ of certiorari seeking review of a decision of the United States Court of Appeals for the Third Circuit in a closely-watched eminent domain case that has significant ramifications for interstate natural gas pipelines. Left undisturbed, the Third Circuit’s ruling – as the Third Circuit itself acknowledged – risks disrupting how the natural gas industry...