Search for: "Buchanan v. Biden"
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We (Buchanan and Dorf) Aren't the Ones Saying the President Should "Invoke" the Fourteenth Amendment
6 Oct 2021, 4:30 am
"In our first law review article on the debt ceiling, Prof Buchanan and I argued that such a narrow reading of the Fourteenth Amendment's Section 4 runs away from the broad view articulated by the Supreme Court in the one case to construe the clause, Perry v. [read post]
21 May 2023, 9:00 pm
The most straightforward way to understand his thinking is apparently that the pendency of the inevitable lawsuits would so roil the financial markets that the economy would be damaged in the meantime—AND that doing so would be worse than the alternatives.Again, he is right that there would be a political crisis, and the days, weeks, or months that the world would spend waiting for a resolution would make the 2000 Bush v. [read post]
10 May 2023, 6:02 am
It's good to see Biden coming around to more or less the position that Prof Buchanan and I have long advocated: make utmost efforts to get legislation but if that fails, unilaterally issue debt in violation of the debt ceiling. [read post]
29 Mar 2023, 7:00 am
Buchanan & Michael C. [read post]
23 Jun 2020, 9:01 pm
Trump, for his part, will do what is necessary to convince people that Biden lost.In other words, no one is saying that Trump will say something like this: “I lost, but I refuse to accept losing. [read post]
16 Aug 2023, 1:36 pm
FSST Management Services, LLC (Tribal Lending; Arbitration; Choice-of-Law Provision) Buchanan v. [read post]
30 Jun 2022, 1:23 pm
The Court in Biden v. [read post]
11 Dec 2020, 1:30 pm
Professor Neil Buchanan writes about some even harder hardball. [read post]
14 Sep 2023, 4:24 am
He would have to disqualify enough of Biden's Electoral votes so that Biden would have fewer than Trump. [read post]
17 May 2023, 4:54 am
A First Amendment challenge to the law made it to the Supreme Court itself, which, in United States v. [read post]
24 May 2023, 9:11 am
What about Bush v. [read post]
20 Jul 2021, 9:55 am
Taylor v Buchanan – does it violate the First Amendment to force Michigan lawyers to pay money to join their Bar Association? [read post]
7 Oct 2020, 9:01 pm
Writing in dissent in Comptroller v. [read post]
1 Nov 2020, 9:01 pm
Indeed, one reason that Trump corruptly tried to coerce the president of Ukraine to invent stories about the Bidens is that Trump saw how truly bad his poll numbers were against Biden in particular. [read post]
12 Nov 2020, 9:01 pm
If President-Elect Joe Biden becomes President Biden on that day, I will publish a column in which I eat a lot of my own words. [read post]
27 Apr 2022, 4:30 am
DorfMuch of yesterday's oral argument in Biden v. [read post]
3 May 2023, 11:08 am
And although the one Supreme Court case to address the underpinnings of Amd14, 1935's Perry v. [read post]
14 May 2023, 9:00 pm
Although we resisted that temptation as scholars, lawyers appearing before a skeptical bench might understandably reach for it.Constitutional AvoidanceHow might the Biden administration avoid simply admitting that it is violating the debt ceiling because it has no better options? [read post]
29 Oct 2020, 9:02 pm
Supreme Court’s 1932 decision in Smiley v. [read post]
19 Feb 2020, 9:01 pm
” I soon followed that up with a column arguing that even a Trump loss in that election (which at that time seemed all but certain) would not end the constitutional threat, because Republicans—even those who had not yet bent the knee to Trump—hated the Democrats so much that they were willing to do anything to hold power.We would do well to recall, moreover, that all of this was before Republicans rolled over on the Access Hollywood tape, Trump’s threat not to accept losing… [read post]
