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10 Feb 2024, 11:12 pm by Josh Blackman
We acknowledge that the drafting history of the Appointments Clause is complicated and messy. [read post]
9 Feb 2024, 5:00 pm
" New York Times).The importance of this conversation, and the need, might be implied by the action of the Office of the President of the Russian Federation that has provided a transcript of the interview. [read post]
9 Feb 2024, 12:30 pm by John Ross
Tenth Circuit: You can't sue federal officers for violating the Constitution. [read post]
9 Feb 2024, 9:20 am by Josh Blackman
" This argument, as Mitchell acknowledged, "clearly demonstrates that members of Congress can't hold offices" under the United States. [read post]
9 Feb 2024, 4:00 am by Michael C. Dorf
Look at what Mitchell himself acknowledged under questioning from Justice Kagan, who asked why on Earth the framers of the 14th Amendment would formulate a rule that says that "the only people who have engaged in insurrection who are not disqualified from office are presidents who have not held office before? [read post]
9 Feb 2024, 3:03 am by Will Baude
  We argue that state election officials, courts, and presidential electors all have the responsibility to faithfully apply Section Three's constitutional disqualification rule, each within the sphere of its respective powers and duties under state or federal law. [read post]
9 Feb 2024, 3:00 am by Jim Sedor
Two months later, schedules show Gutierrez had another meeting in the governor’s office. [read post]
9 Feb 2024, 3:00 am by Shea Denning
Federal appeals court rejects former President Trump’s claim that he is immune from prosecution. [read post]
8 Feb 2024, 7:47 am by Cynthia Marcotte Stamer
Chicken Corp. for violations of federal child labor and wage and hour laws. [read post]
7 Feb 2024, 7:45 pm by Josh Blackman
  Second, Keisler and Bernstein acknowledge this argument, but retort that temporary Senators, who are appointed by Governors, are in fact elected. [read post]
7 Feb 2024, 6:01 pm by Yosi Yahoudai
 The DMV made that discovery after speaking with federal investigators at the National Highway Traffic Safety Administration. [read post]
7 Feb 2024, 8:20 am by Kurt Bassuener
Those actors operated in a far more constrained environment, with reasonable fear of being removed from office or banned outright if deemed by the High Representative to be obstacles to peace implementation. [read post]
7 Feb 2024, 6:15 am by Eileen McDermott
The announcement is a precursor to a coming Federal Register Notice that will provide additional guidance on the use of AI tools for the public and other USPTO departments. [read post]
7 Feb 2024, 6:15 am by Eileen McDermott
The announcement is a precursor to a coming Federal Register Notice that will provide additional guidance on the use of AI tools for the public and other USPTO departments. [read post]
6 Feb 2024, 3:58 pm by Cynthia Marcotte Stamer
With these and other events continuing to escalate sensitivities and awareness of federal laws against religious discrimination, health care and other organizations should act to strengthen their ability to recognize and respond defe [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
  That argument isn’t at issue in the case:  Everyone agrees that if Donald Trump was subject to Section 3 as President, and if he engaged in an insurrection on January 6, 2021, then that conduct rendered him legally ineligible to serve as President or in the other covered state and federal offices (absent action by two-thirds of both houses of Congress to eliminate that disability). [read post]