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6 Feb 2024, 3:36 pm by Marty Lederman
As I explained in one of my earlier posts, several or all of the Justices might be inclined to decide the case on some ground that doesn’t require the Court to decide whether Donald Trump is eligible to be President, if such an “off-ramp” solution is legally available. [read post]
6 Feb 2024, 9:58 am
It's a domestic violence case, so people might well have strong opinions at the outset. [read post]
6 Feb 2024, 7:20 am by Will Baude
  He makes a similar inference (at 61) from the silence of most people on the issue of self-execution. [read post]
3 Feb 2024, 1:37 pm by Rebecca Tushnet
Property v. property: TM v. domain names; land v. chattels; IP v. consumer goods. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 This claim is, of course, deeply counterintuitive, and it would be very awkward, to say the least, for the Supreme Court to explain to the American people that Section 3 doesn’t apply to someone who’s been President because although that person held an “office,” it wasn’t an office “of the United States. [read post]
30 Jan 2024, 9:05 pm by renholding
People talk of Chevron deference as though it were binary (deference or no deference), but in practice it is not so monolithic. [read post]
30 Jan 2024, 9:02 pm by renholding
 This freedom to speak against the government and government officials is essential in a free society committed to the preeminence of the people. [read post]
29 Jan 2024, 4:35 pm
v=BxL9DRdk6Xc   New Animation: End Hare Coursing In a world where compassion and empathy should be our guiding principles, it is disheartening to discover that some individuals derive enjoyment and profit from the suffering of innocent creatures. [read post]
29 Jan 2024, 10:46 am by Frank O. Bowman, III
Republican politicians have embraced immigration as a potent political issue. [read post]