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22 Jan 2016, 3:22 pm
(And no, I’m not referring the Court’s decision to add a fourth question regarding the Take Care Clause of Article II; as Marty Lederman and others have explained, the Court had reason to add that question even if it has no intention of going Texas’s way on the constitutional issue.) [read post]
22 Jan 2016, 3:22 pm
(And no, I’m not referring the Court’s decision to add a fourth question regarding the Take Care Clause of Article II; as Marty Lederman and others have explained, the Court had reason to add that question even if it has no intention of going Texas’s way on the constitutional issue.) [read post]
22 Jan 2016, 3:22 pm
(And no, I’m not referring the Court’s decision to add a fourth question regarding the Take Care Clause of Article II; as Marty Lederman and others have explained, the Court had reason to add that question even if it has no intention of going Texas’s way on the constitutional issue.) [read post]
21 Jan 2016, 11:14 am
Many of the remaining detainees can’t be prosecuted at all—by either civilian or military courts—in part because, as Marty Lederman notes, “the government was so focused on interrogation-based military detention in the days after 9/11 that it did not make sufficient efforts to collect and preserve admissible evidence that might support a conviction. [read post]
21 Jan 2016, 6:18 am
At Balkinization, Marty Lederman and Neil Kinkopf focus on the Take Care Clause issue, while Nicholas Bagley discusses the Administrative Procedure Act issue. [read post]
7 Jan 2016, 3:11 am
” Other coverage of Moore’s actions comes from Mike Cason of Al.com; commentary comes from Marty Lederman at Balkinization and Howard Wasserman at PrawfsBlawg. [read post]
6 Jan 2016, 5:58 am
” Briefly: At Balkinization, Marty Lederman has “five quick reactions” to the brief filed by the states in the challenge to the Obama administration’s immigration policy. [read post]
1 Dec 2015, 10:34 am
And at "Just Security," Marty Lederman has a post titled "Reflections from the en banc al Bahlul oral argument. [read post]
30 Nov 2015, 4:04 pm
Hat-tip to Marty Lederman of Just Security who so effectively flagged these provisions last week. [read post]
30 Nov 2015, 10:36 am
" Marty Lederman has this post today at "Just Security. [read post]
30 Nov 2015, 2:45 am
And at Balkinization, Marty Lederman contends that “the Court should set argument in the case this Term, and decide it by the end of June 2016, for a very practical reason–one that can be seen clearly by considering the two principal, possible dispositions of the case. [read post]
26 Nov 2015, 5:30 am
Marty Lederman weighs in on Balkinization on why the Supreme Court should decide Texas v. [read post]
20 Nov 2015, 4:33 pm
As Marty Lederman noted at Balkinization, it’s hard to argue that the Obama administration’s actions are unlawful without calling into question administrative actions taken by prior administrations. [read post]
18 Nov 2015, 4:59 am
As I have suggested in the past, and as Marty Lederman explains in detail (in the third of an important three-part post), a lot of legal and practical hurdles would need to be overcome before the President could effect a move of the detainees to the United States. [read post]
"Texas v. United States: Fifth Circuit declares President Reagan's immigration regulation unlawful."
17 Nov 2015, 6:48 pm
" Marty Lederman has this post at "Balkinization. [read post]
16 Nov 2015, 9:08 am
United States: Fifth Circuit declares President Reagan's immigration regulation unlawful," Marty Lederman offers some interesting insights about Texas v. [read post]
16 Nov 2015, 3:57 am
More commentary comes from Marty Lederman, who at Balkinization suggests that, “perhaps ironically, the one thing that presumably won’t be at issue in the Supreme Court case is the authority of Secretary Johnson to grant the DAPA aliens temporary (revocable) relief from removal (i.e., deportation), because the courts below appear to have agreed with the Secretary that he has a broad, unreviewable authority to make or defer such removal decisions. [read post]
9 Nov 2015, 10:44 am
And yesterday at "Balkinization," Marty Lederman had a post titled "Who is the 'Zubik' in Zubik v. [read post]
9 Nov 2015, 3:15 am
Commentary on the cases and the grant comes from Marty Lederman at Balkinization, Gregory Lipper at the Bill of Health Blog, Leland Beck at the Federal Regulations Advisor, Carrie Severino at Bench Memos, and Lyle Denniston at Constitution Daily. [read post]
8 Nov 2015, 8:25 am
Both Jack and Marty Lederman have addressed the exclusion of OLC, but I was equally if not more concerned by the exclusion of the Legal Adviser for an operation in Pakistan that raised numerous international law issues. [read post]
