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22 Jun 2021, 3:59 am by Michael C. Dorf
Condensing an argument that appears more fully in an amicus brief that Marty Lederman and I filed, I explain first that everyone understood in 2017 that zeroing out the tax penalty was effectively a repeal of the mandate, and a repealed law doesn't exist so cannot be unconstitutional. [read post]
18 Jun 2021, 4:00 am by Michael C. Dorf
If there is no mandate, then the thing called a mandate can't be unconstitutional.I should say that as a substantive matter, this is absolutely correct--and it's the basis for an argument that Marty Lederman and I offered in an amicus brief in the case. [read post]
26 Apr 2021, 12:05 am by Paul Caron
Saturday: This Week's Ten Most Popular TaxProf Blog Posts Texas House Of Representatives Approves Two New Law Schools Tax Prof Baby: Marty Herschel Kleiman Lederman & Christians: Last-Minute Exam Prep Sunday: God's Mirth Sanctifies Our Laughter Evangelicals And Secularists On Abortion, Covid, Life, And Death Explicit Instruction In Legal Education:... [read post]
10 Nov 2020, 5:39 pm by Jonathan H. Adler
Other law profs on the Justice team are Dawn Johnsen (Indiana), Pam Karlan (Stanford), Richard Lazarus (Harvard), Marty Lederman (Georgetown), Barb McQuade (Michigan), and Christina Rodriguez (Yale). [read post]
10 Nov 2020, 11:27 am by Michael C. Dorf
In addition, Marty Lederman and I filed a brief on point (2)--arguing that the whole premise of the challengers' argument is wrong. [read post]
10 Nov 2020, 6:50 am by Neil Siegel
Even if there is standing, Congress does not require an enumerated power to force no one to do anything, as Marty Lederman and I have separately explained.3. [read post]
5 Nov 2020, 9:27 pm by Eugene Volokh
A long, detailed, and characteristically thoughtful post; here's the intro, though it's all worth reading: Many of the Justices appeared to be troubled by Philadelphia's refusal to contract with Catholic Social Services (CSS) to be a Family Foster Care Agency (FCA) unless CSS agrees not to discriminate against same-sex couples when it certifies whether particular applicants are qualified to be foster parents for children in the City's custody. [read post]
26 Oct 2020, 4:30 am by Eric Segall
” It really is as simple as that.Moreover, even apart from these arguments, as Mike and Professor Marty Lederman wrote in an amicus brief, the Court should not even reach the issue of severability because the former mandate/tax/penalty is not unconstitutional. [read post]
19 Oct 2020, 3:55 pm by Jason Mazzone
I appreciate Marty Lederman's comment on the new Justia essay (by Vik Amar, Evan Caminker, and me) that I linked to on whether the ACA insurance mandate is valid without the tax penalty. [read post]
13 Oct 2020, 8:18 am by Howard Bashman
“Judge Barrett’s Views on What a Faithful Catholic Judge Should Do When She Has Conflicting Religious and Judicial Obligations”: Marty Lederman has this post at the “Balkinization” blog. [read post]
At the very least, don’t the expressed views of five Justices that these powers are insufficient create something that is, as fellow Verdict columnist Mike Dorf put it in an amicus brief co-authored with Marty Lederman, “for all practical purposes precedential”? [read post]
11 Sep 2020, 7:00 am by Kalvis Golde
Moderated by the Supreme Court Institute’s Irv Gornstein, the panel will feature professors Marty Lederman and Paul Smith of Georgetown Law alongside four experienced Supreme Court advocates in private practice: Paul Clement of Kirkland & Ellis, Roman Martinez of Latham & Watkins, Nicole Saharsky of Gibson Dunn and Don Verrilli of Munger, Tolles & Olson. [read post]
7 Aug 2020, 11:54 am by Howard Wasserman
As Marty Lederman notes, more important questions remain about whether the House has a cause of action, whether there is testimonial immunity, and other executive-privilege objections to the subpoenas. [read post]
22 Jul 2020, 1:23 pm by Steve Lubet
As explained by Marty Lederman on Balkinization, Trump's Memorandum does not affect the way that the Commerce Department will conduct the 2020 Census, or how the actual results will be tallied. [read post]
14 Jul 2020, 8:54 am by Neil H. Buchanan
  I also noted a comment on my column by Professor Marty Lederman that the cases are about a wide range of issues, which is why I said above that calling these the Trump tax cases is "somewhat misleading. [read post]
11 Jul 2020, 8:34 am by Matt Gluck, Tia Sewell
Jen Patja Howell shared a discussion on the Lawfare Podcast about Vance, Mazars and their implications moving forward with Benjamin Wittes, Margaret Taylor, Scott Anderson, Quinta Jurecic and Molly Reynolds: Quinta Jurecic also shared a livestream of a conversation about the two cases on “In Lieu of Fun” with Marty Lederman, Dahlia Lithwick, Leah Litman, Margaret Taylor, Wittes, and Kate Klonick: In the wake of President Trump's commutation Friday evening of… [read post]
9 Jul 2020, 1:47 pm by Quinta Jurecic
Vance, with Marty Lederman, Dahlia Lithwick, Leah Litman and Margaret Taylor. [read post]
27 Jun 2020, 4:07 am by Matt Gluck, Tia Sewell
Howell also shared a discussion on the Lawfare Podcast between Quinta Jurecic, Benjamin Wittes, Jack Goldsmith, and Marty Lederman covering the government’s legal arguments in its effort to obtain a temporary restraining order (TRO) to prevent the publication and distribution of John Bolton’s book. [read post]
25 Jun 2020, 12:13 pm by Matthew Kahn
The ongoing legal battle over former National Security Adviser John Bolton’s book is in large part a fight over classification. [read post]
25 Jun 2020, 7:00 am by Guest Blogger
Adam Cox, Marty Lederman and Cristina Rodriguez provide a thorough primer on those issues here. [read post]