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31 Jul 2023, 11:50 am by Josh Blackman
Yet he emphasizes that "we don't always line up 6-3, 5-4, the way some people tend to think. [read post]
21 Jun 2011, 1:00 pm by McNabb Associates, P.C.
The committee has included an understanding in the resolution of advice and consent that addresses this point (see section V below). [read post]
27 Mar 2016, 2:54 pm
Section V then posits an alternative analysis, normatively autonomous (though not entirely free) of the orbit of the state, a vision possible only when the ideological presumptions of the state are suspended. [read post]
27 Mar 2020, 1:30 pm by Guest Blogger
As evidence of this trend, consider the Court’s decision in American Legion v. [read post]
23 Apr 2019, 5:00 am by Neil Siegel
., the President’s son-in-law Jared Kushner, campaign chairman Paul Manafort, and at least five other people, including a lawyer connected to the Russian government who promised “dirt” on Hillary Clinton. [read post]
14 Jun 2022, 6:30 am by Guest Blogger
  But the overwhelming number of American state constitutions has rejected any such understanding of “the executive branch,” none more so than my home state of Texas, in which the governor appoints only the Secretary of State even as “we the people” cast separate ballots for, among many other offices, Lieutenant Governor, Attorney General, Land Commissioner, and members of the State Board of Education. [read post]
23 Feb 2025, 5:57 am by Andrew Weissmann
It may well determine whether the new Trump administration will be permitted to bend people to do its bidding by resort to the most coercive of bludgeons, a criminal indictment. [read post]
14 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
The point of the gimmicks is to give executive branch officials and, in the event of litigation, judges, a fig leaf of legal authority to avert economic disaster. [read post]
7 Jun 2019, 6:30 am by Sandy Levinson
 There were, to be sure, some gadflies, such as Richard Epstein at the University of Chicago who denounced the New Deal in root and branch, as well as Gary Lawson and Randy Barnett, all of whom conveyed a distinctly libertarian sensibility. [read post]
31 Dec 2017, 4:30 am by Michael Madison
There is no reason in principle that these overlapping and intersecting concerns will align in a way that gets the right people in school, trains them in the first (and reasonable cost) ways, and puts them to work helping people and communities in need. [read post]
It is an extraordinary power grab by the judicial branch, showing disrespect to two coequal branches: Congress, which saw it fit to authorize an expert agency to review these decisions; and the Executive Branch, which uses a U.S. [read post]