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22 Jun 2017, 4:20 am
’” At Balkinization, Marty Lederman offers a detailed critique of the two four-justice opinions in the case, concluding that “[p]erhaps a majority of the Court should have … simply held that the Constitution forbids the viewpoint-based manipulation of government subsidies when it is done—as the government concedes it was here—in an effort ‘to remove certain ideas or perspectives from a broader debate. [read post]
7 Dec 2007, 4:04 pm
I for one, would really like to see the opinions for myself and to see what Balkinization's Marty Lederman (a former OLC lawyer) has to say (UPDATE: See Lederman below.). [read post]
28 May 2007, 4:49 pm
Even our own Marty Lederman has weighed in, arguing "that [mandating cameras in the courtroom is] well within Congress's power," though he recognizes that there is a "core" of judicial power that is not defeasible by statute. [read post]
25 Jun 2007, 5:50 pm
Marty Lederman, in his post earlier today, called Justice Kennedy the "controlling vote" and his opinion "the controlling concurrence," but I believe that Marty is incorrect. [read post]
6 Nov 2008, 6:49 pm
***e) Unrelatedly, once again, others have beaten me to the punch in thinking that Marty Lederman is the ideal candidate to head the OLC. [read post]
13 May 2022, 5:52 am
It merits highlighting, as Marty Lederman explained in 2016, that the definition of “military objectives” extends far beyond the “munitions factory” example. [read post]
4 Mar 2009, 6:00 am
Because if the OLC signed on to this, I would like to ask Marty Lederman, now with the Obama OLC, when he changed his opinion on these matters? [read post]
17 Mar 2010, 2:45 pm
” Josh Gerstein’s Politco blog also notes that former Georgetown University law professor Marty Lederman has also been critical of prior efforts by House leaders to claim that the House and Senate passed the same statutory text when this had not, in fact, occurred. [read post]
10 Dec 2017, 6:29 am
” In response to Will Baude’s twit about Heidi Bond’s post, Georgetown lawprof Marty Lederman calls Judge Kozinski a “monster. [read post]
3 Nov 2014, 4:39 am
Commentary on the case comes from Akiva Shapiro in The Wall Street Journal (subscription required), Garrett Epps for The Atlantic, Eugene Kontorovich of The Volokh Conspiracy (parts one and two), Marty Lederman at Just Security, Jack Goldsmith at Lawfare, Michael Ramsey at The Originalism Blog, Gershom Gorenberg in The American Prospect, and Peter Spiro at Opinio Juris. [read post]
6 Jan 2012, 5:07 am
Marty Lederman, for example, argued that the recess appointments clause can only be used a) during intersession recesses to fill b) vacancies that occurred during the recess. [read post]
24 Apr 2008, 12:42 pm
Marty Lederman wrote a great analysis of the "force v. pour" distinction on Balkinization today. [read post]
8 Feb 2025, 4:33 am
by Tess Bridgeman What Just Happened: New Tariffs on Products from Mexico, Canada, and China by Kathleen Claussen What Just Happened: At Guantanamo’s Migrant Operation Center by Jonathan Hafetz and Rebecca Ingber What Just Happened: Security Implications of Trump’s Efforts to Trim the CIA Workforce by Alex Finley Trump Executive Actions / Perspectives The Dangerous Sweep of Trump’s Plan to Designate Cartels as Terrorist Organizations by Rachel Levinson-Waldman The Most… [read post]
19 Dec 2017, 4:28 am
At Balkinization, Marty Lederman discusses the government’s arguments in the case. [read post]
16 Nov 2015, 3:57 am
More commentary comes from Marty Lederman, who at Balkinization suggests that, “perhaps ironically, the one thing that presumably won’t be at issue in the Supreme Court case is the authority of Secretary Johnson to grant the DAPA aliens temporary (revocable) relief from removal (i.e., deportation), because the courts below appear to have agreed with the Secretary that he has a broad, unreviewable authority to make or defer such removal decisions. [read post]
24 Mar 2007, 10:15 am
See this post by Marty Lederman at Balkinization for interesting discussion of the legal issues concerning Gitmo and Snow's statement. [read post]
1 Feb 2007, 10:47 am
Marty Lederman notes that "Posner has eliminated one of the elements of the Indiana crime" in the course of affirming the sentence of Artemus Boyd. [read post]
8 Aug 2007, 7:37 am
If true, we have more to fear from FISA than even Marty Lederman believes. [read post]
6 Nov 2007, 10:53 am
Marty Lederman has some choice reactions to the story. [read post]
25 Oct 2008, 11:06 am
The opinion was described by Neil Kinkopf, now a profesor of law at Georga State University, who was in the OLC (with Marty Lederman) during the Clinton Administration, as another example of the Administration "run[ning] amok" on its notion of executive power. [read post]
