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5 Dec 2021, 7:52 am
[The court did not decide if all jury verdicts from that court are now subject to review.] [read post]
18 May 2023, 6:43 am
[Seth Barrett Tillman and I discuss whether the President is an "Officer of the United States" for purposes of the federal officer removal statute.] [read post]
15 Feb 2025, 4:51 pm
[Another problematic point raised in a resignation letter.] [read post]
2 Apr 2024, 2:29 pm
[Now, for better or worse, the Judicial Conference has shown itself to be pliable by the political currents.] [read post]
16 Feb 2022, 10:12 pm
[Discourse about race is upside down and backwards.] [read post]
14 May 2025, 7:55 am
[Vance mentions Justices Thomas and Alito as exhibiting this courage, but none of the Trump appointees.] [read post]
28 Dec 2024, 5:00 am
A common thread during the first Trump Administration was that this presidency was not "normal" and courts should not "normalize" it. [read post]
15 Jun 2024, 8:05 pm
[I expect Justice Barrett will exhibit her buyer’s remorse of Bruen in Rahimi.] [read post]
9 Aug 2024, 12:10 pm
[Nat Lewin relays the story from his 1962 clerkship with Justice Harlan.] [read post]
20 Apr 2023, 9:50 am
[Send Justice Breyer!] [read post]
5 Feb 2025, 8:26 pm
Students always have difficulty reconciling Meyers v. [read post]
13 Nov 2024, 1:47 pm
Ed Whelan writes that President Trump may adjourn Congress as a means to instantly confirm his entire cabinet without any confirmation hearings. [read post]
15 Dec 2024, 3:53 pm
It is all to common for critics to demand an "enforceable" ethics code against the Supreme Court justices. [read post]
19 Jul 2023, 1:29 pm
["I believe that the President should qualify as a "federal officer" under the removal statute but, as is evident from the discussion below, the proposition is dictum, unnecessary for the decision that I reach. [read post]
11 May 2025, 3:43 pm
[There are certainly five votes on the meaning of the Fourteenth Amendment, but there are not five votes about nationwide injunctions.] [read post]
15 May 2025, 11:12 pm
[The remedy would not involve Rule 23.] [read post]
7 Feb 2018, 8:26 am
Throughout the Emoluments Clauses litigation (See Parts 1, 2, 3, 4, and 5), we have made three primary arguments in amicus briefs filed with federal district courts in New York, the District of Columbia, and Maryland: (i) that the payments at issue are not "emoluments"; (ii) that the President is not bound by the Foreign Emoluments Clause and its "Office . . . under [the United States]" language; and (iii) the complaints were each filed against the President exclusively in his… [read post]
15 May 2024, 10:07 pm
["Appellants thus seek to advance judicial economy—as this Court has done—through 'initial en banc hearing … without requiring the matter to percolate uselessly through a panel.'"] It is clear enough that the United States can bring suit under Section 2 of the Voting Rights Act. [read post]
9 Feb 2024, 9:20 am
[Justice Gorsuch demonstrates that he is the Court's most careful, consistent textualist.] [read post]
5 Apr 2025, 6:25 pm
[The dissenters no longer treat the federal government with solicitude as a coordinate branch of government.] [read post]