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20 Feb 2024, 2:16 pm
United States (1888) (Field, J.), a unanimous Supreme Court held: An officer of the United States can only be appointed by the President, by and with the advice and consent of the Senate, or by a court of law, or the head of a department. [read post]
18 Feb 2024, 6:30 am
J. 67, 88 (2012). [read post]
17 Feb 2024, 4:45 pm
Georgia, 501 U.S. 529, 549 (1991) (Scalia, J., concurring in the judgment). [read post]
15 Feb 2024, 6:30 am
Bruen, 597 U.S. 1, 36–37 (2022) (Thomas, J., for the majority of the Court); Bostock v. [read post]
7 Feb 2024, 7:45 pm
[Keisler and Bernstein contradicted Luttig's position.] [read post]
4 Feb 2024, 1:01 pm
Rather, it is the Scalia letter! [read post]
3 Feb 2024, 9:52 am
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]
2 Feb 2024, 9:30 pm
Scalia, J., thought Presidents were "officers of the United States" (Lawfare). [read post]
31 Jan 2024, 6:22 am
Just six years after Chevron was decided, Justice Scalia suggested that the rule of lenity may prohibit agency deference in certain situations. [read post]
30 Jan 2024, 9:05 pm
Indeed, Justice Scalia dissented in Mead because he thought the court’s deference framework had become too flexible.[6] He also, it should be noted, considered Mead itself to have “replaced” Chevron[7] – over 20 years ago – and yet the administrative state seems to be doing just fine. [read post]
28 Jan 2024, 8:49 pm
Early in 2021, overwhelming majorities of both the U.S. [read post]
27 Jan 2024, 7:54 pm
[Their amicus brief endorses the view that members of state legislatures are officers. [read post]
25 Jan 2024, 1:40 pm
United States, 567 U.S. 387, 419 (2012) (Scalia, J., dissenting). [read post]
24 Jan 2024, 7:16 am
See Seth Barrett Tillman, Why Our Next President May Keep His or Her Senate Seat: A Conjecture on the Constitution's Incompatibility Clause, 4 Duke J. [read post]
9 Jan 2024, 12:05 pm
Antonin Scalia & Bryan A. [read post]
9 Jan 2024, 11:59 am
Nebraska, 143 S.Ct. 2355, 2379 (2023) (Barrett, J., concurring) (citations omitted). [read post]
16 Dec 2023, 6:34 am
United States, 512 U.S. 452, 464 (1994) (Scalia, J., concurring). [read post]
15 Dec 2023, 12:17 pm
The Times reports on a previously-undisclosed memo that Chief Justice Roberts circulated after Justice Scalia's death. [read post]
12 Dec 2023, 9:01 pm
In the beginning, the Attorney General of New Jersey, John J. [read post]
8 Dec 2023, 7:54 am
Still, we recognize that Judges who may not strictly adhere to Justice Scalia's methodology are more attuned to factors beyond the original meaning of the text. [read post]
