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Rushing Headlong into Formulary Apportionment

One of the greatest challenges of lawmaking is recognizing when a beautiful theory must succumb to an ugly fact. The purity of conceptual policymaking must take the real world into account and acknowledge that things that work well “in theory” sometimes fail spectacularly to meet expectations “in practice.” It would be wonderful if a policy […]

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Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change

CASE PREVIEW By Amy Howe on Feb 27, 2022 at 6:03 pm The coal-fired John E. Amos Power Plant in Winfield, West Virginia. (haglundc via Flickr) Three days after President Joe Biden named Judge Ketanji Brown Jackson as his nominee to succeed the retiring Justice Stephen Breyer, Breyer and his colleagues will return to the […]

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Reservist pay and conspiracy elements

Petitions of the week By Andrew Hamm on Feb 26, 2022 at 3:07 pm This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether approximately 200,000 reservists who are federal employees are entitled to differential pay when voluntarily mobilized and whether the merely hypothetical existence of the elements […]

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What senators are saying: Tracking reactions to Jackson’s nomination

JACKSON NOMINATION By Ellena Erskine on Feb 25, 2022 at 8:22 pm Judge Ketanji Brown Jackson will need a simple majority vote in the Senate to be confirmed. (Screenshot from White House video) After President Joe Biden’s nomination of Judge Ketanji Brown Jackson, attention now turns to the Senate’s advice-and-consent process. It takes a simple […]

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Justices require actual knowledge that application was erroneous to invalidate copyright filing

OPINION ANALYSIS By Ronald Mann on Feb 24, 2022 at 9:30 pm Thursday’s opinion in Unicolors v. H&M resolves a narrow question of copyright law: when an error in an application for copyright registration is sufficiently serious to invalidate the subsequent registration. Justice Stephen Breyer’s opinion for a 6-3 court holds that such an error […]

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Announcement of opinions for Thursday, Feb. 24

Live By Angie Gou on Feb 24, 2022 at 12:00 am On Thursday, Feb. 24, we will be live blogging as the court releases opinions in one or more argued cases from the current term. Posted in Featured, Live Recommended Citation: Angie Gou, Announcement of opinions for Thursday, Feb. 24, SCOTUSblog (Feb. 24, 2022, 12:00 […]

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Just say “Bingo!” Or “Dingo!”

A VIEW FROM THE COURTROOM By Mark Walsh on Feb 22, 2022 at 10:18 pm Brant Martin argues on behalf of the Pueblo tribe in Ysleta del Sur Pueblo v. Texas. (Art Lien) A View from the Courtroom is an inside look at oral arguments and opinion announcements unfolding in real time.  As some Supreme Court […]

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Suspending the Gas Tax Is a Mistake

Rising inflation has become a dominant issue for policymakers in the past year, with the most recent report finding inflation has risen 7.5 percent over the past 12 months. Some lawmakers have proposed suspending the gas tax to reduce inflation. Rising gas prices are certainly one piece of the inflation puzzle—but suspending the gas tax […]

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Corporate Income Tax Rates in Europe

European countries—like almost all countries around the world—require businesses to pay corporate income taxes on their profits. The amount of taxes a business ultimately pays on its profits depends on both the corporate tax base and the corporate tax rate. Today’s map shows how statutory corporate income tax rates compare across European OECD countries. Taking […]

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10 Tax Reforms for Growth and Opportunity

Key Findings The waning pandemic and robust economic recovery have come with many benefits—plentiful jobs and fast-growing (nominal) incomes—but also serious challenges such as high and rising inflation. Rather than pushing for more fiscal stimulus or leaving it to the Federal Reserve to handle inflation through higher interest rates, policymakers should focus on boosting the […]