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24 Oct 2020, 2:24 pm by Eugene Volokh
Specifically, the phrase "[h]e's going to go to jail," does not seem conditional or uncertain. [read post]
24 Oct 2020, 2:24 pm by Eugene Volokh
Specifically, the phrase "[h]e's going to go to jail," does not seem conditional or uncertain. [read post]
20 Oct 2020, 12:25 pm by Scott R. Anderson
Gore, “[w]hen the state legislature vests the right to vote for President in its people, the right to vote as the legislature has prescribed is fundamental” and becomes subject to other constitutional protections, including equal protection and due process. [read post]
2 Oct 2020, 12:17 pm by Rebecca Tushnet
As a quantitative matter, what was copied was a rounding error. [read post]
If the President were to be selected by the House under the relevant provisions that we describe below, each state—no matter its population—would get exactly one vote. [read post]
22 Sep 2020, 4:45 pm by Eugene Volokh
Forte, Andrew Geronimo, Raymond Ku, Stephen Lazarus, Kevin Francis O'Neill, Margaret Christine Tarkington, Aaron H. [read post]
1 Sep 2020, 4:36 pm by Trent Dykes
Article prepared by and republished courtesy of our colleagues Larry W. [read post]
1 Sep 2020, 4:36 pm by Trent Dykes
Article prepared by and republished courtesy of our colleagues Larry W. [read post]
31 Aug 2020, 1:37 pm by Eugene Volokh
The trial court observed that "[t]he separation of powers doctrine limits judicial review of certain matters that lie within the province of the other two branches of government," and that "[w]hen the State Constitution commits an issue to one of the other two branches of government, the issue becomes non-justiciable. [read post]
24 Aug 2020, 3:31 pm by Eugene Volokh
" … "[H]owever confidential [the information] may have been beforehand, subsequent to publication it was confidential no longer. [read post]
24 Aug 2020, 1:15 pm by Jonathan H. Adler
(Update: No)–5/5/20 The Penalty-less Individual Mandate Is Severable from the Rest of the ACA No Matter How You Look at It. [read post]
17 Aug 2020, 10:00 am by Guest Blogger
Neil SiegelSenator Kamala Harris’s eligibility to be a vice-presidential candidate has been questioned on the basis of an erroneous contention that she might not be a  “natural born Citizen” as required by Article II of the Constitution. [read post]