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12 Jan 2021, 4:00 am
1/12/1932: Justice Oliver Wendell Holmes resigns from the Supreme Court. [read post]
11 Jan 2021, 4:00 am
1/11/1830: Justice John McLean takes oath. [read post]
10 Jan 2021, 4:00 am
1/10/1842: Justice Peter Daniel's takes the judicial oath. [read post]
9 Jan 2021, 10:24 pm
[But an impeached-but-not-removed President would still receive the benefits. ] Recently, memes have been floating on social media stating that if Trump is impeached, he would lose the benefits of a former President. [read post]
9 Jan 2021, 3:05 pm
Josh Blackman raises a question about the government's cert petition in Trump v. [read post]
9 Jan 2021, 4:00 am
1/9/1919: Schenck v. [read post]
8 Jan 2021, 10:00 pm
[Does the Munsingwear doctrine apply to Twitter?] [read post]
8 Jan 2021, 4:45 pm
Josh Blackman and Seth Tillman argue at the Volokh Conspiracy blog that, even if Trump culpably incited the cop-killing riot in the Capitol building, he cannot be impeached for it, because his speech is protected by the First Amendment. [read post]
8 Jan 2021, 1:17 pm
My critique of Josh Blackman's similar slippery slope argument against the first impeachment of Trump applies here as well: Every president has partisan adversaries who who would be happy to "get him" if they can. [read post]
8 Jan 2021, 11:57 am
[Over the past decade, Scholastica has completely overtaken ExpressO] In 2008, when I submitted my first article to law reviews, ExpressO by BEPress was the leading service. [read post]
8 Jan 2021, 4:00 am
1/8/1973: Trial begins for seven men accused of illegal entry into Democratic headquarters at Watergate hotel. [read post]
8 Jan 2021, 12:57 am
[If Trump’s speech is protected by the First Amendment, then incitement cannot be grounds for impeachment. ] [This post was co-authored by Josh Blackman and Seth Barrett Tillman] Over the past four years, we have defended many of President Trump's actions as a constitutional matter, while criticizing those actions as a policy matter. [read post]
7 Jan 2021, 3:01 pm
["An apparent compromise of the confidentiality of the CM/ECF system due to these discovered vulnerabilities currently is under investigation"] Yesterday, the Administrative Office (AO) of the U.S. [read post]
7 Jan 2021, 11:36 am
[Logitech Brio 4K Camera with light ring] I recently upgraded my camera setup for the spring semester. [read post]
7 Jan 2021, 11:08 am
In a helpful recent post, co-blogger Josh Blackman describes the 25th Amendment process, and explains how it can potentially be used to remove Trump from office for the remaining fourteen days of his term. [read post]
7 Jan 2021, 10:36 am
[I am grateful I have not spent the last dreadful year on Twitter.] [read post]
7 Jan 2021, 4:00 am
1/7/1972: Justices Lewis F. [read post]
6 Jan 2021, 9:16 pm
[I gave a mini-monologue on Spectrum 1 News in Austin] I've had much difficulty summarizing my thoughts about the past 24 hours. [read post]
6 Jan 2021, 7:26 pm
[If a majority of the cabinet agrees to remove the President, Pelosi and McConnell could run out the clock till January 20.] [read post]
6 Jan 2021, 11:27 am
[Other nominations: Lisa Monaco as Deputy Attorney General, Vanita Gupta as Associate Attorney General, and Kristen Clarke to head Civil Rights Division] President-Elect Biden has announced the top leadership for the Department of Justice. [read post]
