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" ... In a last-ditch effort to stave off defeat in its long-running battle with bondholders who want to be paid, Argentina in February asked the U.S. Supreme Court to hear its appeal from an adverse appeals court decision. It is now busy trying to line up amici curiae (“friends of the court”) to file supporting briefs with the High Court. The deadline for filing amicus briefs is next Monday, and a number of groups and foreign countries have given official notice of their intent to file briefs in support of Argentina. ... "
" ... U.S. District Court Judge Emmet Sullivan disregarded two controlling precedents from higher courts with his decision to appoint John Gleeson as amicus curiae in the U.S. v. Michael Flynn case this week. Judicial conduct similar to J. Sullivan’s in these prior, far less politically charged cases was roundly and unanimously condemned by Justice Ruth Bader Ginsburg, D.C. Circuit Judge Sri Srinivasan, and their colleagues across the ideological spectrum. So, whether or not one agrees with the Department of Justice’s call to drop its charges against President Trump’s former National Security Advisor, Gen. Michael Flynn, there should be widespread agreement that J. Sullivan has veered way out of line. ... "
" ... Yesterday, Adler and I filed an amicus curiae brief in the Halbig case. Here's the summary: ... "
" ... Yet Kagan studiously ignored the two biggest constitutional objections to Auer deference. As Columbia Law School Professor Philip Hamburger has argued (in both his scholarship and an amicus curiae brief in Kisor), Auer deference first violates due process because it denies one of the litigants before the court a fair hearing. Second, whenever a judge defers to an agency’s interpretation, he or she fails to live up to that judge’s Article III duty to provide independent judgment. ... "