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19 May 2021, 8:47 am by Jonathan Shaub
The two principal “institutional” powers people typically cite are, first, Congress’s inherent contempt authority—which, a century ago, it used occasionally to imprison recalcitrant witnesses—and, second, Congress’s authority to appropriate money. [read post]
7 Apr 2021, 6:31 am
“The court’s decision in the 2000 presidential election case, Bush v. [read post]
6 Apr 2021, 10:09 am by Alex Joel
Jackson said in his famous concurring opinion in Youngstown Sheet & Tube Co. v. [read post]
22 Mar 2021, 5:01 am by Jordan Brunner
Indeed, the NDAA provision lay dormant through the Bush and Obama administrations, until it was finally picked up in September 2019 by Sens. [read post]
17 Mar 2021, 9:01 pm by Sherry F. Colb
Earlier this month, I signed onto an amicus brief urging the New York Court of Appeals to grant review in the case of NHRP v. [read post]
4 Mar 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
The three Degraffenreid dissenters suggest that stray dicta from an 1892 case that in no way involved the limits that a state constitution might place on a state legislature in this arena—and casual quotation from this case in a part of the discredited Bush v. [read post]
16 Feb 2021, 8:49 am by Eugene Volokh
I will largely leave to others prescriptions about what is to be done; but I hope my analysis might help us think through such matters. [1] See, e.g., Doe v. [read post]
3 Feb 2021, 6:30 am by Guest Blogger
At least since Planned Parenthood v. [read post]
31 Jan 2021, 9:01 pm by Joanna L. Grossman
Bush’s signature initiatives, and his version of the gag rule specifically exempted HIV/AIDS funding because it was understood organizations providing prevention, care, or treatment to people with HIV/AIDS could not adequately function under the gag rule’s restrictions. [read post]
29 Jan 2021, 5:01 am by Jonathan Shaub
The most famous case on executive privilege is United States v. [read post]