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6 Feb 2024, 3:36 pm by Marty Lederman
 In this post I’ll simply flag a couple of points that haven’t been sufficiently emphasized yet, or that warrant particular additional attention in light of the CRSCC’s arguments: Chase’s Argument was Focused on Judicial Removal of Officials Already in Office. [read post]
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  The Positions Clause [1] employs the catch-all term “office, civil or military, under the United States,” whereas the Officials Clause [2] uses the catch-all term “officer of the United States. [read post]
1 Feb 2024, 10:01 am by Scott Hervey
On June 8, 2023, the United States Supreme Court decided on Jack Daniel’s Properties, Inc. [read post]
31 Jan 2024, 9:01 pm by renholding
The ramifications of this decision could be significant, as the SEC often uses its in-house courts to seek monetary penalties, and studies reveal that the SEC wins cases it brings in its in-house courts at a much higher rate than those it tries in federal court.[6] We also should expect plaintiffs to attempt to maneuver in light of the Supreme Court’s decision in Slack Technologies LLC v. [read post]
31 Jan 2024, 2:03 pm by Carl Shusterman
Pereira before him, had lived in the United States for less than 10 years when he was served with an NTA. [read post]
31 Jan 2024, 7:07 am by Daniel M. Kowalski
Gonzales , 435 F.3d 172 (2d Cir 2006) , and held that the one-year period in which a timely application for asylum may be made runs from the applicant’s literal “last arrival” even when that last arrival followed a relatively brief trip outside the United States pursuant to advance parole granted by immigration authorities (which the Second Circuit had held would not restart the one-year clock). [read post]