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7 Feb 2024, 4:30 am by Michael C. Dorf
As a legal analyst, I regard Trump's side of nearly all of the issues as extraordinarily weak, so I think there's good reason to conclude that he should lose the case overall. [read post]
6 Feb 2024, 7:12 am by Jonathan H. Adler
But at all cost, since the Trump administration took office and now through the Biden administration, the Department of Justice's mission has been, as stated by its own lawyers, "to kill Juliana v. [read post]
6 Feb 2024, 6:30 am by Guest Blogger
In my view, Kavanagh’s “mediated majoritarianism” is clearly related to James Madison's understanding of democracy. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]
2 Feb 2024, 3:24 pm by Eugene Volokh
The statute's language, the anti-Chinese statements from Florida's public officials, and SB 264's impact establish that the law is a blanket ban against Chinese non-citizens from purchasing land within the state. [read post]
2 Feb 2024, 12:50 pm by Neil H. Buchanan
  This is also the underlying constitutional question in the Supreme Court's Moore v. [read post]
2 Feb 2024, 10:32 am by Second Circuit Civil Rights Blog
While the district court said that Rupp has no case because he was unaware he was addressing a police officer, "not knowing that the vehicle's driver was a police had no bearing on whether Rupp's shout was speech on a matter of public concern" and therefore protected under the First Amendment. [read post]
31 Jan 2024, 9:01 pm by renholding
”[17] Defendants have introduced a roadmap for challenging price impact at class certification. [read post]
31 Jan 2024, 2:30 pm by Eugene Volokh
The clash at the heart of this case began as a heated exchange of political viewpoints between defendants, who were on public property adjacent to the brewery and bar, and plaintiffs' patrons, many of whom were sitting in the bar's outdoor seating area. [read post]
29 Jan 2024, 11:15 am by Jeffrey Carr
Grossman Law Offices does not take money from clients or the general public ever. [read post]
29 Jan 2024, 8:09 am by Kurt Lash
"[22] Any framer or ratifier aware of Story's Commentaries would read Section Three's general reference to "civil [office] under the United States" as not including the office of President. [read post]
28 Jan 2024, 8:49 pm by Marty Lederman
Supreme Court's resolution of Trump's appeal might not have any practical effect on the Colorado ballots at issue in the case, and raise questions about possible mootness and, at the end of the post, the Court's statutory jurisdiction to adjudicate Trump's appeal. [read post]
28 Jan 2024, 4:48 pm by Daphne Keller
His other opinion, in Malwarebytes, was more focused on Section 230's statutory immunities. [read post]
28 Jan 2024, 6:26 am by Marty Lederman
   In my first (substantive) post, I’ll explain why the Supreme Court’s decision in the case likely wouldn't have any impact at all on Colorado's primary election ballots. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
As officers and legislators are mutually exclusive terms under the Amars' global officer/legislator distinction, a Section 3 barred defendant may hold a state legislative seat. [read post]