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3 Feb 2024, 9:52 am by Marty Lederman
 Trump himself made this Positions Clause argument before the Colorado Supreme Court, and he even prevailed on it in the Colorado district court. [read post]
4 Apr 2023, 7:06 pm
 In a spectacular performance of political drama, wrapped up in the pomp and circumstances of the exercise of prosecutorial discretion, and legal inventiveness, the Grand Jury of the County of New York , with the guidance of its District Attorney, accused  Donald Trump of a variety of criminal offenses. [read post]
16 Oct 2022, 9:02 pm by Vikram David Amar
And sometimes this may be so (as I have argued in the context of the Seventeenth Amendment.) [read post]
24 Nov 2021, 6:30 am by Guest Blogger
Tsai points out that judicial settlements of fundamental disputes, such as Wong Kim Ark, often redirect the controversy into policy spaces, and sometimes in undesirable ways. [read post]
12 Nov 2020, 8:18 pm by Josh Blackman
[He talked about COVID and Religious Liberty, the Second Amendment, Free Speech, and "Bullying" of the Supreme Court by U.S. [read post]
11 Sep 2020, 4:03 am by Michael Boyd
The government countered that it was a separation of powers issue in which the judicial branch should defer to the executive’s ability to declare and detain “enemy combatants” in times of war. [read post]
8 Sep 2020, 3:44 pm by David Kopel
That could still happen, but it's no longer certain, thank to President Trump's many judicial appointments. [read post]
4 Dec 2019, 9:22 am by Whittel & Melton, LLC
A Supreme Court workgroup studying judicial caseloads last year recommended raising the small claims jurisdiction to $8,000 and the court passed that to the Small Claims Rules Committee for action. [read post]
1 Oct 2019, 9:01 pm by Michael C. Dorf
One basis for that conclusion is “a lack of judicially discoverable and manageable standards. [read post]
11 Aug 2019, 9:01 pm by Vikram David Amar
So, for example, when a state decides to move from a winner-take-all allocation for its electors to a district-by-district approach (or vice versa) because of electoral-college-outcome consequences, that may be bad business, but it isn’t necessarily bad (i.e., unconstitutional) law.Challengers to California’s law make a few big legal arguments. [read post]
1 Jul 2019, 9:01 pm by Vikram David Amar
Common Causefocused not just on where the district lines were drawn, but on the discernable legislative motive behind the line drawing. [read post]
28 Mar 2019, 12:56 pm by Neil Siegel
For example, fifty thousand people might elect a representative in one district while two hundred and fifty thousand people in another district elected a representative to the same legislature. [read post]
6 Feb 2019, 7:30 pm by Patrick McDonnell
In his opening remarks, Wilner noted that the previous Friday marked the seventeenth anniversary of the opening of the detention center at Guantanamo Bay. [read post]
10 Jan 2019, 9:01 pm by Vikram David Amar
In particular, the plaintiffs in a pending federal district court case allege (with great force) that Arizona’s governor has to date failed to live up to his obligations under the Seventeenth Amendment to the US Constitution to issue “writs of election” to schedule a replacement contest and initiate the state election law machinery. [read post]
27 Dec 2018, 9:01 pm by Vikram David Amar
As a result, the case does not directly address the question now presented—whether a legislature’s prescribed timeline can be judicially overridden.Perhaps the most directly relevant case is Valenti v. [read post]
2 Sep 2018, 10:00 am by Paul Caron
Trump Announces Seventeenth Wave of Judicial Nominees: Travis A. [read post]
4 Jan 2018, 2:12 pm by Mavrick Law Firm
The Seventeenth Judicial Circuit Court ruled in favor of the employee and denied the corporate successor’s emergency motion because there was no standing to enforce the provisions of the non-compete agreement. [read post]
6 Sep 2016, 2:42 pm by Larry Tolchinsky
App. 2016), and it is the decision of the Florida District Court of Appeal for the Fourth District (the appeals court), of a decision initially made by the Broward County Circuit Court for the Seventeenth Judicial District (the trial court). [read post]