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2 Nov 2020, 9:00 pm by Dean Falvy
Gore, it was as hard to defend state control of federal elections as it was to defend the Court’s arbitrary intervention in a matter of state election law.All this was true in 2000 and remains true today. [read post]
2 Nov 2020, 8:46 am by Quinta Jurecic
“No failure was as spectacular or as consequential as Robert Mueller’s,” declared David Frum. [read post]
1 Nov 2020, 7:19 am
If he does win Texas, then Florida and Pennsylvania do not matter and the Presidency is Biden's. [read post]
30 Oct 2020, 3:00 am by Jim Sedor
Democrats in Pennsylvania, North Carolina Claim Key Wins at Supreme Court Ahead of Election MSN – Robert Barnes (Washington Post) | Published: 10/28/2020 Democrats won two significant U.S. [read post]
29 Oct 2020, 9:02 pm by Neil H. Buchanan
The district court’s only possible complaint is that the state hasn’t done enough. [read post]
As we explained in Part One of this series, this Ashwander principle drove Chief Justice Robert’s saving interpretation of the tax penalty in NFIB; and as we explained in Part Three, the same principle should lead the Court to reject the underlying constitutional challenge here. [read post]
29 Oct 2020, 4:00 am by Deanne Sowter
.: suggesting something is more meaningful than it is, to trade it for something else later); imply they don’t have the authority to agree (e.g.: client needs to talk to someone else); increase the stressfulness of the negotiation so the other side will give in (e.g.: manipulate the physical environment to make it uncomfortable); use the good-guy / bad-guy routine with the client or a colleague; make threats and ultimatums, assuming it does not violate Rules 3.2-5 and 5.1-2(n) (e.g.:… [read post]
28 Oct 2020, 9:01 pm by Vikram David Amar
The elected Arizona legislature (and Chief Justice John Roberts’s dissent), like the Rehnquist concurrence in Bush v. [read post]
28 Oct 2020, 9:16 am by Connor Clerkin, Lane Corrigan
” He stressed the measures already taken by the Wisconsin legislature to respond to the pandemic and argued that the district court was simply complaining that “the state hasn’t done enough. [read post]
27 Oct 2020, 9:01 pm by Michael C. Dorf
Under the most popular version of the Carrington/Cramton proposal, after 18 years, a Supreme Court justice would be reassigned to a federal appeals court, with no diminution in salary.But isn’t an appeals court judgeship a different “office” from a Supreme Court Justiceship? [read post]
27 Oct 2020, 6:15 am by LII Team
  This was exactly the sort of case that Chief Justice Roberts could have cited but didn’t. [read post]
26 Oct 2020, 8:28 pm by Amy Howe
But if that doesn’t work out, he noted, there is always the option of voting in person. [read post]