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25 Mar 2020, 10:38 am by Jack Goldsmith, Ben Miller-Gootnick
That clause states that only an “Officer” may succeed and act as president. [read post]
2 Mar 2011, 3:45 am by Russ Bensing
”  That echoed the analysis of the 11th District a few years back in State v. [read post]
30 Mar 2023, 3:54 pm
  According to that opinion, none of the three final states’ ratifications could count towards Article V’s ¾ requirement. [read post]
30 Mar 2023, 3:54 pm by ccoleburn
  According to that opinion, none of the three final states’ ratifications could count towards Article V’s ¾ requirement. [read post]
19 Jun 2014, 1:30 pm by Steve Vladeck
When combined with the existing statutory bar on transfers into the United States, the effect of the Cotton Amendment, if passed, would be to effectively bar the release of any of the Guantánamo detainees to anywhere—even in cases in which (1) a court has ordered a detainee’s release; or (2) the Executive Branch has determined that it no longer has the authority to hold a detainee. [read post]
20 Sep 2022, 9:22 am by Eric Goldman
Most judges understand this distinction intuitively because they learned as 1Ls that the Constitution only restricts state action, not private action. [read post]
21 Mar 2009, 4:21 am
Rumsfeld in 2004, and Hamdan v. [read post]
20 Apr 2011, 1:02 am
Environmental Protection Agency (EPA).During oral arguments in American Electric Power Co. v. [read post]
6 Apr 2021, 3:31 pm by Ana Popovich
  However, they write that “[t]hree cases pending in the federal court system…threaten to force the cessation of AJ operations entirely” due to the Supreme Court Lucia v. [read post]