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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]
31 Jan 2024, 6:06 am by James A. Goldston
First, from the moment South Africa’s submission was filed, the case captured public attention and transformed the previously esoteric ICJ into a front-page forum for a genuinely global discussion about the most pressing issue of the day. [read post]
22 Jan 2024, 4:09 pm
Read this opinion -- or at least the first dozen pages or so -- and see whether you think the defendant:(A) Wouldn't have done the same thing but for his initial religious upbrining;(B) Wouldn't have done the same thing if he wouldn't have abandoned that upbringing;(C) A mix of both (A) and (B). [read post]
18 Jan 2024, 9:01 pm by Noah Brown
In the arguments, the justices focused little on the facts of the current case, Loper Bright Enterprises v. [read post]
11 Jan 2024, 2:58 pm by Guest Author
NetChoice claims that it has an unbridled right to censor or otherwise discriminate against other peoples’ speech. [read post]
11 Jan 2024, 6:44 am by INFORRM
Roberts-Smith v Fairfax Media Publications Pty Limited (No 41)[2023] FCA 555  After a year long trial, in a judgment of 607 pages and 2618 paragraphs Anthony Besanko J dismissed this libel action, the defendants’ truth defence succeeding. [read post]
10 Jan 2024, 11:14 pm by Josh Blackman
[This post is co-authored with Seth Barrett Tillman] On Friday, the Supreme Court granted certiorari in Trump v. [read post]
10 Jan 2024, 8:03 am by Holly
Enter the Wall Street Journal opinion page (yes, that same one, those same people). [read post]