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3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme… [read post]
2 Feb 2024, 9:30 pm by ernst
  Scalia, J., thought Presidents were "officers of the United States" (Lawfare). [read post]
2 Feb 2024, 2:30 am by Will Baude
"  Another may examine the suggestion that even if Trump is constitutionally disqualified from being President of the United States, that does not mean he is constitutionally ineligible to be elected as President of the United States. [read post]
31 Jan 2024, 6:06 am by James A. Goldston
With a near unanimous bench of judges from 15 and, in some cases, 16 different national legal systems, including the United States, the Court’s opinion spoke volumes. [read post]
30 Jan 2024, 7:16 am by Daniel Deacon
Much of that reorientation from deference to delegation was already accomplished in United States v. [read post]
25 Jan 2024, 5:31 am by Ashley Morgan
When the FDA approves a drug for sale in the United States, the FDA includes a section in the drugs package insert titled "Indications for Use. [read post]
20 Jan 2024, 7:58 pm by Allan Blutstein
DOJ (D.D.C.) -- granting summary judgment to government after finding that Executive Office for United States Attorneys performed adequate search, plaintiff received all materials responsive to his request (notwithstanding initial miscounting of pages), and plaintiff did not challenge EOUSA’s redactions. [read post]
19 Jan 2024, 10:59 am by Keith Szeliga
Cost Principles Coverage of Direct and Indirect Costs A “direct cost” is any cost that is identified specifically with a particular final cost objective.[1] A “cost objective” is a function, organizational subdivision, contract, or other work unit for which the contractor accumulates and measures costs.[2] A “final cost objective” is a cost objective that receives an allocation of both direct and indirect costs and that is one of the final accumulation… [read post]
19 Jan 2024, 3:58 am by Matthew L.M. Fletcher
In 1978, the United States Supreme Court ruled in Oliphant v. [read post]
18 Jan 2024, 9:01 pm by Noah Brown
The rule builds on the Biden Administration’s initiative to address the mental health epidemic in the United States. [read post]
13 Jan 2024, 3:45 pm by Kalvis Golde
State Bank of India 23-390Issue: Whether, to establish a “direct effect in the United States” under 28 U.S.C. [read post]
10 Jan 2024, 11:14 pm by Josh Blackman
Since 2008, Tillman has been writing that the President is not an "Officer of the United States. [read post]
9 Jan 2024, 9:01 pm by Josh Blackman
Here the article invoked the same reasoning used by Chief Justice Marshall in United States v. [read post]