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28 Apr 2020, 6:30 am by Guest Blogger
Despite Landau’s strong arguments, I find it difficult to accept the democratic legitimacy of a court purporting to invalidate a procedurally-perfect constitutional amendment that has been legitimated by legislative and popular votes. [read post]
27 Apr 2020, 11:21 am by Josh Blackman
My co-blogger noted the unusual 5-4 voting alignment. [read post]
24 Apr 2020, 5:37 pm by David Kopel
[The law made it impossible for many law-abiding citizens to buy ammunition] On April 23, the U.S. [read post]
24 Apr 2020, 7:08 am by Rebecca Green
In a recent law review article, “Liquidating Elector Discretion,” I challenge this narrative, marshalling evidence that the opposite is true: that settled practice in fact assumes elector discretion. [read post]
24 Apr 2020, 6:30 am by Guest Blogger
Of course, we know that cannot be true in all cases. [read post]
22 Apr 2020, 11:17 am by Jonathan Bailey
Two days prior, Ives’ campaign sent out an email critical of mail-in voting. [read post]
22 Apr 2020, 7:00 am by David Post
A state may not order a member of its delegation in Congress, or one of its senators, or the Secretary of Agriculture who is a state resident, to take (or to refrain from taking) certain actions in their official capacities or risk punishment, and the same is true of the electors. [read post]
The president owes this loyalty, at a bare minimum, to “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof,” regardless of the state where they live, the governor they elect or the presidential candidate for whom they vote. [read post]
21 Apr 2020, 10:24 am by Elliot Setzer
The House is expected to vote this week on changing its rules to allow members to vote remotely by proxy during the COVID-19 pandemic, writes the Hill. [read post]
20 Apr 2020, 1:08 pm by Sandy Levinson
  This would be a true payment, not the kind of token payment made for jury service. [read post]
20 Apr 2020, 11:28 am by Amy Howe
Today, by a vote of 6-3, the justices reversed course, holding that the Sixth Amendment establishes a right to a unanimous jury that applies in both federal and state courts. [read post]
19 Apr 2020, 9:00 pm by Vikram David Amar and Jason Mazzone
This is true regardless of whether (as critics of the Court’s ruling point out) not all the defendants appealed the district court’s ruling and not all aspects of the district court’s order were challenged on appeal. [read post]
16 Apr 2020, 2:50 pm by Eugene Volokh
The same is likely true of people using pejoratives to greet each other. [read post]