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15 Jan 2020, 11:41 am by Jonathan Shaub
And, by the same analogy, if they do vote on a motion to dismiss based only on what is in the House report, they should assume the facts alleged are true and dismiss the articles only as a matter of law. [read post]
14 Jan 2020, 5:12 pm by Mieke Eoyang, Anisha Hindocha
Similarly, a motion to dismiss also requires the assumption that all the alleged facts are true. [read post]
13 Jan 2020, 4:27 pm by Cory Doctorow
In reality, the opposite is true: security is weakened by secrecy and strengthened by independent testing and scrutiny. [read post]
11 Jan 2020, 10:47 am by Mark Tushnet
" (I know, I know -- there's a law of vote dilution under the Voting Rights Act, and that law has some genetic connection to statutory language referring to deprivations or denials of the vote, but this post is already too long).So, what's the constitutional problem with the 127-new-states proposal? [read post]
10 Jan 2020, 11:56 am by Jonathan Shaub
Among the most important outstanding issues as impeachment moves to the Senate is whether senators will attempt to obtain the testimony of senior executive branch officials who have, to date, declined to testify. [read post]
10 Jan 2020, 11:56 am by Jonathan Shaub
The second article of the House’s impeachment resolution charges President Trump with obstruction of Congress. [read post]
9 Jan 2020, 9:01 pm by Vikram David Amar and Jason Mazzone
This is especially true after the move from legislative to direct Senate election that culminated in the adoption of the Seventeenth Amendment around the turn of the twentieth century. [read post]
9 Jan 2020, 10:21 am by David Oscar Markus
Can a juror base his decision to vote not guilty because that's what "the Holy Spirit" told him to do? [read post]
7 Jan 2020, 9:58 pm by David Super
McConnell to marshal sixty votes. [read post]
7 Jan 2020, 8:13 am by Amy Howe
A mayor could, for example, prioritize plowing snow in a neighborhood where he was seeking votes, even while announcing that public safety was the reason for plowing that neighborhood first. [read post]
6 Jan 2020, 3:41 pm by Sandy Levinson
  But there is no reason at all to tolerate a menace like Donald Trump.If we had a truly defensible political system, there would be wide agreement that he should be fired via a vote of no confidence for his completely reckless act in almost whimsically engaging in a full-scale act of war against a country that does not demonstrably affect America's homeland security (which, at least, was the assertion with Cuba in 1962). [read post]
4 Jan 2020, 4:42 am
“We will restore the faith as the true foundation of American life. [read post]
3 Jan 2020, 1:49 pm by Scott R. Anderson
In the early hours of Jan. 3, the Trump administration chose to dramatically escalate its regional stand-off with Iran, specifically by killing Iranian Major General Qassem Soleimani in a targeted drone strike on the road leading to Baghdad International Airport. [read post]
3 Jan 2020, 5:40 am by Kevin
Invictus apparently announced in August that he would run for the Senate again in 2020, on a platform that, true to form, called for repealing the 14th and 15th Amendments and limiting the vote to white male property owners. [read post]
2 Jan 2020, 9:01 pm by Vikram David Amar
The first is a ruling on the merits; only the latter is a true, pure invocation of political question doctrine.The point was illustrated by a hypothetical posed by Justice Souter in an opinion concurring in the judgment in Nixon. [read post]
2 Jan 2020, 5:02 am by Eugene Volokh
Dawley: RCW 9A.76.180(1) provides, "A person is guilty of intimidating a public servant if, by the use of a threat, he or she attempts to influence a public servant's vote, opinion, decision, or other official action as a public servant. [read post]
1 Jan 2020, 2:43 pm by Sandy Levinson
"   Indeed, a full half-century later, we would be treated to the unedifying shouting match between Roberts and Breyer in Parents Involved  where each claimed to be the true devotee of Brown while offering extraordinarily different readings of that case. [read post]
31 Dec 2019, 8:15 am by Joshua Holt
Throughout the discussions, many of the jurors go back and forth, changing their votes as their forced to confront certain aspects of the case that they initially dismissed. [read post]