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3 Feb 2024, 9:52 am by Marty Lederman
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]
4 Oct 2023, 7:54 am by Sasha Volokh
[The Horseracing Integrity and Safety Authority has an Appointments Clause problem.] [read post]
7 Feb 2023, 12:00 pm by Bernard Bell
May an agency revive a defunct rulemaking without notice, and then immediately promulgate a lightly revised version of the proposed rule as a final rule? [read post]
16 Jan 2023, 6:30 am by Guest Blogger
For the Balkinization 20th Anniversary SymposiumMary Dudziak Congratulations to Jack on Balkinization’s 20th anniversary! [read post]
31 Jul 2021, 11:02 am by Josh Blackman
[The Biden OLC disagrees with the Trump OLC on the House's requests for Trump's tax returns.] [read post]
25 May 2021, 3:18 pm by Josh Blackman
" A Sitting President's Amenability to Indictment and Criminal Prosecution, 24 Op O.L.C. 222, 260 (2000). [read post]
10 Sep 2019, 8:30 am
Presidential War PowersIn recent years, the Justice Department’s Office of Legal Counsel has claimed that the Constitution authorizes the president, as commander in chief, to order the military to attack other countries without congressional permission if the president determines that this would be anticipatory self-defense or otherwise serve the interests of the United States — at least where the nature, scope and duration of the anticipated hostilities are “limited,” like… [read post]
2 Dec 2013, 9:36 am by Will Baude
O.L.C. __, 9 n. 13 (Jan. 6, 2012); Brief for the United States at 14-18, Mackie v. [read post]
10 Jan 2013, 6:06 am by Steve Vladeck
”); see also Instructions for the Government of Armies of the United States in the Field (Lieber Code), General Orders No. 100, arts. 27 & 40 (Apr. 24, 1863) (describing the law of war as a “branch” of the “law of nations”); O.L.C. [read post]
29 May 2012, 8:14 am by Dan Markel
“I have lived the life of someone taking action on the basis of secret O.L.C. memos, and it ain’t a good life. [read post]
12 Jan 2012, 7:59 am by John Elwood
O.L.C. 271, 272 (1989) (quoting Executive Power–Recess Appointments, 33 Op. [read post]