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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]
3 Feb 2024, 9:52 am by Marty Lederman
  And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme Court.) [read post]
1 Feb 2024, 5:01 am by Eugene Volokh
Disney primarily relies on the Eleventh Circuit's earlier decision in Georgia Ass'n of Educators v. [read post]
31 Jan 2024, 6:04 am by Daniel M. Kowalski
Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) - The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because this remedy is contrary to the plain text of 8 C.F.R. [read post]
30 Jan 2024, 9:02 pm by renholding
I dissent from the Commission’s denial of a petition to amend Rule 202.5(e), our so-called gag rule.[1]  This de facto rule follows from the Commission’s enforcement of its policy, adopted in 1972, that it will not “permit a defendant or respondent to consent to a judgment or order that imposes a sanction while denying the allegations in the complaint or order for proceedings. [read post]
29 Jan 2024, 8:09 am by Kurt Lash
Akhil Reed Amar (Yale) and Vikram David Amar (Illinois) in Trump v. [read post]