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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]
10 Nov 2020, 10:58 am by Ilya Somin
That's true if you view severability as a matter of divining congressional intent (as current Supreme Court precedent requires). [read post]
10 Nov 2020, 6:50 am by Neil Siegel
 In other words, what matters most for purposes of the Taxing Clause is whether an exaction is coercive, not whether it raises revenue. [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]
7 Nov 2020, 10:37 am by Gene Takagi
This year’s schedule includes the following sessions: Charitable Purpose in the 21st CenturyFunds Under Pressure – Restrictions, Obligations, and StewardshipKeynote with Rajasvini Bhansali, Executive Director of Solidaire Network, a collective of donors and foundations committed to ending the legacy of racism and anti-Blackness, and former Director of Thousand Currents while it was fiscally sponsoring the Black Lives Matter Global Network Project.The Tax on Excess Executive… [read post]
6 Nov 2020, 3:50 am by Abbe Gluck
 But either way, if the mandate goes, it matters little as a practical matter. [read post]
29 Oct 2020, 4:00 am by Deanne Sowter
A lawyer has an obligation to be honourable and a duty of integrity. [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]