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9 Oct 2019, 8:13 pm by Marty Lederman
 Many observers have reasonably assumed that the Court's decisions turn on the votes of one or more of the Chief Justice and Justices Gorsuch and Kavanaugh. [read post]
9 Oct 2019, 11:52 am by Robert Black
If that is so, that would ordinarily mean that the same should be true at the state level. [read post]
8 Oct 2019, 8:22 am by Chris Castle
Google’s incentives to reduce the costs of complements so as to harvest more eyeballs to view advertising are immense….This point is indeed true, and so is an additional point. [read post]
8 Oct 2019, 5:54 am by Phil Dixon
One of the co-defendant lawyers made an extended, overtly religious argument during the penalty phase to the jury, strongly implying that the jurors’ souls would be jeopardized if they voted for death: Surely, one among you believes in God, the father, the son [read post]
7 Oct 2019, 9:12 am by Steve Lubet
He has voted against affirmative action in higher education, racial balance in public schools, and the crucial “preclearance” provision of the Voting Rights Act. [read post]
4 Oct 2019, 6:44 am by David Post
Schiff "fraudulently fabricated" a statement of the President and "read it to Congress as if it was [his]"—a ridiculous charge (see below), but let that pass for the moment and assume it is true—it is not a crime (or even a "Crime"), and he cannot be arrested for it. [read post]
2 Oct 2019, 9:20 am by Jonathan Holbrook
” In a per curiam decision, three justices voted to affirm the order granting the MAR and three justices voted to reverse it. [read post]
1 Oct 2019, 9:01 pm by Michael C. Dorf
Sims establishing the one-person-one-vote principle—is an excellent example. [read post]
1 Oct 2019, 6:17 pm by Gerard N. Magliocca
But would that be true for a convicted President? [read post]
1 Oct 2019, 2:30 pm by Deborah Hensler
Like the settlement structure, the voting rules are made known to class members before they decide whether to stay in or opt out of the procedure. [read post]
1 Oct 2019, 11:10 am by Tom Smith
True, the Constitution does not require a House vote. [read post]
1 Oct 2019, 7:02 am by Dennis Crouch
Robbins, and barely held onto Chief Justice Roberts’ fifth vote, by cataloging a long list of limitations on Auer (and, presumably, Chevron deference). [read post]
30 Sep 2019, 10:39 am by Amy Howe
This is particularly true, he argues, because most of the justices didn’t even agree with Powell’s rationale. [read post]
25 Sep 2019, 9:01 pm by Neil H. Buchanan
I am not saying that Biden has a non-liberal voting record, but I am saying that he has shown no appetite at all for playing hardball. [read post]
25 Sep 2019, 2:00 pm by Melanie Fontes
  Instead of a true random draw, some person (e.g., a court administrator) or persons (e.g., a committee of experts) or thing (e.g., a computer via an algorithm)[15] places all the active judges, with the exception of the chief judge, into two equal groups. [read post]