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9 Feb 2024, 2:26 pm by Eugene Volokh
On a motion by President Shrum, the United States District Court for the Western District of Oklahoma dismissed the suit for lack of standing, ruling that the United States Supreme Court in Summers v. [read post]
8 Feb 2024, 4:09 pm by INFORRM
Nothing in the post-2013 Act case law suggests that the section 3(3) requirement is any less permissive (see, for example, the first instance decision in Butt v Secretary of State [2017] EWHC 2619 (QB), and particularly Mr Justice Nicol’s comments at [39]. [read post]
8 Feb 2024, 11:37 am by Josh Blackman
Justice Gorsuch was the most interested questioner on whether the President was an "Officer of the United States. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
 In this post I’ll simply flag a couple of points that haven’t been sufficiently emphasized yet, or that warrant particular additional attention in light of the CRSCC’s arguments: Chase’s Argument was Focused on Judicial Removal of Officials Already in Office. [read post]
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  The Positions Clause [1] employs the catch-all term “office, civil or military, under the United States,” whereas the Officials Clause [2] uses the catch-all term “officer of the United States. [read post]