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8 Aug 2023, 2:01 pm by Laurence H. Tribe
” (emphasis added) The Chesebro memo extracted the final clause of that passage as though it were a general proposition about the power of States to do what they wish regardless of the Electoral Count Act and independent of the deadlines set by Congress. [read post]
6 Aug 2023, 10:00 pm by Merpel McKitten
It’s not for nothing that Lord Acton’s comment in his 1887 letter to Bishop Creighton was ‘Power tends to corrupt, and absolute power corrupts absolutely’. [read post]
4 Aug 2023, 1:20 pm by Josh Blackman
Once the state legislature vests the Governor with that power, can the state legislature constrain the Governor's selection? [read post]
4 Aug 2023, 8:08 am by Rebecca Tushnet
A: this is part of the challenge—innovation folks usually don’t have to think about public law and state v. federal. [read post]
4 Aug 2023, 6:17 am by Andrew Lavoott Bluestone
By decision and order on motion of this Court dated June 2, 2021, the respondent was immediately suspended from the practice of law in the State of New York, pursuant to 22 NYCRR 1240.9(a)(2) and (5), and the matter was referred to the Honorable Sondra M. [read post]
3 Aug 2023, 9:30 pm by ernst
Unitary theorists’ mistaken assumptions about “executive power” are not only a warning for the Roberts Court to exercise restraint in upcoming cases on presidential power and the administrative state; they also illustrate originalism’s blindspots and biases in practice. [read post]