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19 Feb 2024, 8:57 am
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
19 Feb 2024, 8:14 am
On March 11, 1869, Senator Orris S. [read post]
18 Feb 2024, 6:30 am
The problem, however, is that none of these studies were part of the record, lower court opinions, or briefs. [read post]
16 Feb 2024, 5:44 pm
In this case, however, it was not the Senate that assassinated Caesar--the forty blows were self-inflicted over the course of a generation. [read post]
16 Feb 2024, 6:30 am
Somehow, Van Devanter, without writing a single enduring majority opinion, was primus inter pares. [read post]
16 Feb 2024, 4:27 am
It’s a sensible distinction in my opinion, given the facts.(2) Citizens for Responsibility & Ethics in Wash. v. [read post]
16 Feb 2024, 3:00 am
The unprecedented and partisan resolution may not go very far in the Senate, as some Republicans in the upper chamber do not believe Mayorkas’s actions clear the bar as the “high crimes and misdemeanors” necessary for conviction. [read post]
15 Feb 2024, 3:33 pm
, this recent OLC opinion, discussing whether state abortion restrictions can bind statutorily authorized actions of federal agencies.) [read post]
15 Feb 2024, 6:30 am
Throughout Taft’s leadership, between 70% and 90% of the Court’s full opinions were unanimous. [read post]
15 Feb 2024, 12:01 am
Upon hearing news of the Senate’s rejection, Rutledge threw himself into the bay. [read post]
14 Feb 2024, 3:05 pm
This post and the next are follow-ups to my collection of posts on Trump v. [read post]
14 Feb 2024, 11:26 am
Border Bill Bottom Line: The Border Bill, Senate Appropriations H.R. 815, Would Never Have “Shut Down” the Border. [read post]
13 Feb 2024, 7:35 pm
A certified question is a formal request by one court to another for an opinion on a question of law. [read post]
13 Feb 2024, 10:02 am
Dunning School historians thought Johnson the greatest lawyer in the Senate. [read post]
12 Feb 2024, 9:00 pm
House members and Senators (whom the Constitution commands be elected by the people directly), the process for selecting electors is left entirely to each state, and the federal government is given no power to override. [read post]
12 Feb 2024, 7:39 pm
" Senator Benjamin Wade of Ohio and Representative Robert S. [read post]
12 Feb 2024, 3:10 pm
In a 57-page opinion, the panel rebutted Trump’s claim that he cannot be prosecuted for his official acts as president. [read post]
12 Feb 2024, 6:41 am
And it is easy to envision the justice signing on to an opinion for Trump to create the impression of consensus. [read post]
12 Feb 2024, 4:00 am
I expect the final opinion will be replete with legal mumbo-jumbo that will also fail to address the real issues. [read post]
11 Feb 2024, 6:40 pm
Twelve Democratic senators signed the most recent letter. [read post]
