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16 Apr 2024, 4:00 am by Eric Segall
 Chief Justice Roberts and Justice Thomas, not exactly left-leaning fellows, both sided with the libs in important 5-4 cases, such as when Roberts saved the Affordable Care Act and Thomas joined the libs upholding Texas’s decision to ban Confederate flags on license plates. [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
Buchanan, as not to understand the tergiversations, the twistings, and the windings of John B. [read post]
20 Sep 2023, 4:00 am by Michael C. Dorf
Clarke Professor of Law, Cornell Law SchoolNeil Buchanan, James J. [read post]
7 Aug 2023, 4:00 am by Michael C. Dorf
For instance, during a recent interview for The New Yorker Radio Hour, David Remnick asked Robert Kennedy Jr. whether he really believed that mainstream journalists were engaged in a conspiracy to quash dissent. [read post]
6 Jun 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
In short order over the last two weeks, the latest debt ceiling crisis was defused, the date of the next crisis was all but set in stone, and the political class quickly moved on to “previously scheduled programming”—that is, to the many ongoing crises that the debt ceiling standoff had pushed off the front pages for more than a month.Hindsight bias may leave the impression that this result was foreordained, but it was not. [read post]
22 May 2023, 9:01 pm by Neil H. Buchanan
” Even the most committed textualist should find that laughable.To be fair, Klein frames that discussion as a matter of asking what three arch-conservative Supreme Court justices—John Roberts, Brett Kavanaugh, and Neil Gorsuch—might be convinced to endorse, and he notes later in the essay that this Supreme Court has shown us that once-nutty arguments are no longer off the table.Even so, when Klein turns his attention to the second argument, this is his transition sentence:… [read post]
21 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
As the country and the world await news of whether Republicans’ decision to use the debt ceiling as a political weapon will lead to utter catastrophe, pundits and reporters alike are asking whether there is an out that would allow the Democrats to sidestep the Republicans’ attempted extortion.The question is: “out” from what, exactly? [read post]
19 May 2023, 4:00 am by Michael C. Dorf
DorfMy latest solo Verdict column (by contrast with the various debt-ceiling columns I've been co-authoring with Prof Buchanan) offers an animal-welfare-centric view of last week's SCOTUS decision in National Pork Producers Council (NPPC) v. [read post]
16 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
Even that, however, would not help Republicans.Let us imagine that the White House follows the Buchanan-Dorf plan and tells the Treasury to keep calm and carry on. [read post]
8 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
When one of the current authors (Buchanan) used to teach economics courses at the university level, consols were a favorite hypothetical financial instrument, because the arithmetic for determining their value is shockingly simple. [read post]
8 May 2023, 4:20 am by Michael C. Dorf
We have had numerous American dynasties: John and John Quincy Adams; William Henry and Benjamin Harrison; Teddy and Franklin Roosevelt (who were only very distantly related but whose names conjured a closer relation); John and (but for Sirhan Sirhan) perhaps Robert Kennedy; George H.W. and George W. [read post]
1 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
Each day that passes without enactment of legislation raising or suspending the debt ceiling brings the United States and thus the global economy closer to disaster. [read post]
28 Apr 2023, 5:46 am by Michael C. Dorf
Part IV of the opinion for the Court by CJ Roberts in Trump v. [read post]
16 Apr 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
Writing separately, we have suggested that a platinum coin that was deposited with the Fed would count as “debt” and thus would not even achieve the goal of keeping the US below the ceiling (Buchanan) and that advocates’ overly broad reading of the Coinage Act is likely a violation of the reasonableness requirement for agency interpretations that aim to fill statutory gaps (Dorf). [read post]