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3 Feb 2024, 9:52 am by Marty Lederman
 This claim is, of course, deeply counterintuitive, and it would be very awkward, to say the least, for the Supreme Court to explain to the American people that Section 3 doesn’t apply to someone who’s been President because although that person held an “office,” it wasn’t an office “of the United States. [read post]
20 Feb 2014, 9:06 am by Michael Dorf
   That should not have been a fully satisfactory response to the Establishment Clause objection, because it fails to answer the question of why the government can lift burdens it has created for people with religious scruples but not for people with other sorts of scruples. [read post]
28 Oct 2009, 4:35 am by JB
Consider this: in 1791 black people were held in slavery. [read post]
15 May 2024, 6:00 am by Public Employment Law Press
Defendant cross-moved for summary judgment seeking declaratory judgment in its favor on the constitutionality of Executive Law § 94. [read post]
15 May 2024, 6:00 am by Public Employment Law Press
Defendant cross-moved for summary judgment seeking declaratory judgment in its favor on the constitutionality of Executive Law § 94. [read post]
7 Apr 2017, 3:46 pm
In support of his overture, Klingel stated, `I'm serious we can get married and travel the world killing random people. [read post]
24 Mar 2014, 7:39 pm
I think the text is clear, but reasonable people may differ on this point. [read post]
25 Apr 2022, 9:01 am by Eugene Volokh
"The presumption favoring public access … extends to both civil and criminal trials. [read post]
11 Nov 2011, 12:13 pm by Jonathan H. Adler
“I had people at a bridge game stop me and ask, ‘How could you have written that opinion? [read post]
14 Apr 2017, 5:11 am by Savanna Nolan
 As reported on SCOTUSblog, this week may finally be the week the Justices grant an order on Masterpiece Cakeshop Ltd. v. [read post]