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3 Mar 2015, 8:58 am
After all, we’re supposed to look at the whole text. [read post]
18 Nov 2022, 5:22 am by Jonathan H. Adler
As I explained in a blog post at the time, part of what made the process work was that Governor Kasich made clear what he wanted—a highly qualified jurist with a conservative judicial philosophy matching that of the governor (and who would be a viable candidate for re-election)—and let us evaluate the applicants on his behalf, free of political influence or meddling. [read post]
28 Apr 2021, 8:32 pm by Jonathan H. Adler
Decoding Nondelegation After Gundy: What the Experience in State Courts Tells Us About What to Expect When We're Expecting by Daniel Walters (forthcoming in the Emory Law Journal). [read post]
8 Jan 2015, 7:44 am
” (If all you have to fear is a religious group’s fax machine, what you’re doing might not be as truth-to-power-ish as you think.) [read post]
11 Jan 2016, 5:37 am by Jonathan H. Adler
From the Guardian story: “Despite Sen[ator] Cruz’s repeated statements that the legal/constitutional issues around whether he’s a natural-born citizen are clear and settled,” [Tribe] told the Guardian by email, “the truth is that they’re murky and unsettled. [read post]
7 May 2020, 6:08 am by China Law Blog
What we’re reading right now, with suggestions from Geetha (A Whole New Mind by Daniel H. [read post]
24 Aug 2016, 12:11 pm by Jonathan H. Adler
Is the doctrine of Chevron deference compatible with traditional notions of constitutional separation of powers? [read post]
23 Jul 2021, 9:52 am by Jonathan H. Adler
Note that Bush (41) was aided by succeeding a President of the same party whose nominees he could re-submit, which makes the Trump and Biden numbers even more notable. [read post]
5 Aug 2019, 1:39 pm by Jonathan H. Adler
" Legislatures at all levels of government have found that one way to induce more regular legislative engagement and revision of existing statutory programs is through various forms of temporary legislation—legislation that expires, sunsets, or reverts to a particular baseline if not regularly reauthorized or re-approved by the legislature. [read post]
5 Apr 2017, 2:15 pm by Jonathan H. Adler
[The one thing these senators can agree on: They’re about to do something very bad] Implicit in my discussion is that I don’t believe a 60-vote rule really gives us “moderate” nominees. [read post]
10 Oct 2020, 7:35 am by Jonathan H. Adler
But Bush's proposal, like his effort to de-escalate the judicial confirmation fights by re-nominating a blocked Clinton nominee (even though his party had Senate control), was rebuffed. [read post]
18 May 2022, 8:21 am by Jonathan H. Adler
I'm not the person to make sense of what they're doing, because it doesn't hang together for me. [read post]
8 Jun 2015, 1:14 pm
If you look at the precedent, if you look at the traditional discretion that the executive branch possesses when it comes to applying immigration laws, I am convinced that what we’re doing is lawful, and our lawyers are convinced that what we’re doing is lawful. [read post]