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Survivors Win in Louisiana—On Their Second Effort

13 Jun 2024, 9:00 pm by Leslie C. Griffin

Griffin is the William S. [read post]

Mike Johnson’s Visit to Columbia Ups the Ante in the Right-Wing Attack on Universities

25 Apr 2024, 9:01 pm by Austin Sarat

The right mounted court challenges with mixed results for decades, until this June when the Supreme Court’s conservative supermajority ruled in Students for Fair Admissions v. [read post]

Verdict - http://verdict.justia.com/

Rediscovering and Realizing the Anti-Power-Concentration Principle, by Kevin Frazier

27 Mar 2024, 3:39 pm by Guest Author

Origin and Meaning of the Anti-Power-Concentration Principle In Seila Law v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Wurman on the Opinions Clause and Presidential Power

6 Mar 2024, 12:25 pm by Lawrence Solum

In addition to this account’s textual and structural virtues, it appears to have been the understanding of presidential power shared by George Washington, Thomas Jefferson, James Madison, William Wirt, Daniel Webster, William Howard Taft, and the First Congress. [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

Wurman on the Opinions Clause and Presidential Power

5 Mar 2024, 6:30 am by ernst

It also suggests a modest resolution to SEC v. [read post]

Legal History Blog - http://legalhistoryblog.blogspot.com/

[Josh Blackman] Part II – A Response to Professor Jed Shugerman on Slate in 2017, and his most recent 2024 Tweet Thread(s), About The 1793 Hamilton Document!

3 Mar 2024, 12:24 pm by Josh Blackman

[Professor Shugerman's argument that the 1793 Hamilton Document, that is, a list of "every person holding any civil office or employment under the United States, (except the judges)," was intended to ensure compliance with the Constitution's Sinecure Clause lacks support.] [read post]

The Volokh Conspiracy - http://www.volokh.com/

A User’s Guide to Trump v. Anderson, Addendum I: A Few Reflections on the Oral Argument

14 Feb 2024, 3:05 pm by Marty Lederman

v. [read post]

Balkinization - http://balkin.blogspot.com/

[Eugene Volokh] "Seven Questions on Section 3: A Response to Professor Kurt Lash"

8 Feb 2024, 9:36 am by Eugene Volokh

Lash's response to the Amar brothers' amicus brief in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

A User’s Guide to Trump v. Anderson, Part Four: Trump’s Argument That His Tenure as President Did Not Subject Him to Section 3 Because the President is Not an “Officer of the United States”

3 Feb 2024, 9:52 am by Marty Lederman

The short version is that it’s a stone-cold loser, not least because it would have absurd ramifications (such as that it would mean Jefferson Davis would’ve been disqualified from serving in virtually any federal or state office except the presidency and vice-presidency, and that the Foreign Emoluments Clause wouldn’t prohibit the President, Vice-President, and members of Congress from accepting titles, offices, gifts or emoluments from foreign… [read post]

Balkinization - http://balkin.blogspot.com/

Supreme Court to decide whether insurrection provision keeps Trump off ballot

2 Feb 2024, 1:14 pm by Amy Howe

ShareThe Supreme Court will hear oral arguments on Thursday in what is shaping up to be the biggest election case since its ruling nearly 25 years ago in Bush v. [read post]

SCOTUSblog - http://www.scotusblog.com/

Insurrections in the Nineteenth Century: Real and Imagined

16 Jan 2024, 5:45 am by Mark Graber

The Brandenburg v. [read post]

Balkinization - http://balkin.blogspot.com/

OT2023’s last grants?

10 Jan 2024, 8:05 pm by John Elwood

Williams v. [read post]

SCOTUSblog - http://www.scotusblog.com/

[Josh Blackman] Louisville Daily Journal (April 1868): The President is not an "Officer of the United States"

9 Jan 2024, 9:01 pm by Josh Blackman

Here the article invoked the same reasoning used by Chief Justice Marshall in United States v. [read post]