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7 Jan 2021, 5:09 pm by Jonathan H. Adler
And, as a practical matter, the 50-50 split creates a real possibility that Republicans could have a temporary majority of those physically present at any given point, with the opportunity to create mischief, including asserting majority control (even if only temporarily). [read post]
6 Jan 2021, 11:17 am by Jonathan H. Adler
On day-to-day matters that do not reach the AG's desk, they will be calling the shots. [read post]
4 Jan 2021, 5:57 am by Jonathan H. Adler
Yesterday, the newly elected House of Representatives' held its organizational session to recognize the credentials of those elected, select a Speaker, and adopt rules for the counting presidential electors, among other start-of-session matters. [read post]
22 Dec 2020, 6:34 am by Jonathan H. Adler
Trump has consulted on special counsels with White House chief of staff Mark Meadows, White House counsel Pat Cipollone and outside allies, according to several Trump administration officials and Republicans close to the White House who spoke to The Associated Press on condition of anonymity because they weren't authorized discuss the matter publicly. [read post]
13 Dec 2020, 8:26 am by Jonathan H. Adler
Judge Ludwig's opinion concludes: Plaintiff's Electors Clause claims fail as a matter of law and fact. [read post]
1 Dec 2020, 11:28 am by Jonathan H. Adler
While AG Barr may be willing to take the President's direction about what matters and which people to investigate, he is not wiling to make up facts or discredit the electoral process. [read post]
30 Nov 2020, 5:08 pm by Jonathan H. Adler
If Manhattan DA Cyrus Vance is inclined to pursue charges against Trump (or any of his relatives or associates, for that matter), a federal pardon will not stand in the way. [read post]
20 Nov 2020, 3:44 pm by Jonathan H. Adler
Circuit issued an interesting, splintered opinion in In Re: In the Matter of the Federal Bureau of Prisons' Execution Protocol Cases. [read post]
20 Nov 2020, 2:54 pm by Jonathan H. Adler
People have intense moral, religious, and spiritual views about these matters—on all sides. [read post]
9 Nov 2020, 7:20 pm by Jonathan H. Adler
(Update: No)–5/5/20 The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It. [read post]
9 Nov 2020, 6:16 pm by Jonathan H. Adler
" The Justice Department cites this language, but seems to ignore its import: It's not enough that the individual plaintiffs (or, for that matter, the states) can identify other, indisputably constitutional, provisions of the ACA that cause them injury. [read post]
26 Oct 2020, 7:39 pm by Jonathan H. Adler
Here are my tentative thoughts on the matter (some of which I expressed here). [read post]
26 Oct 2020, 5:24 pm by Jonathan H. Adler
The Chief Justice is not a fan of preliminary injunctions as a general matter, and has sought to curtail their use by federal district courts in a range of contexts. [read post]
26 Oct 2020, 5:24 pm by Jonathan H. Adler
The Chief Justice is not a fan of preliminary injunctions as a general matter, and has sought to curtail their use by federal district courts in a range of contexts. [read post]
18 Oct 2020, 11:31 am by Jonathan H. Adler
Thus, in any case where it matters which opinion has the narrower view, the dissent's approach would have us set aside the narrower opinion's points of disagreement as dictum, and the application of Marks would fail to provide a governing rule of law. [read post]
15 Oct 2020, 5:26 pm by Jonathan H. Adler
[Unless President Trump is re-elected, it is not clear this will matter.] [read post]
10 Oct 2020, 7:35 am by Jonathan H. Adler
This procedure should apply now and in the future, no matter who lives in this house or who controls the Senate. [read post]