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19 Feb 2020, 6:15 am
Josh Blackman, arguing at WaPo, says yes, pointing to the Vesting Clause and early history; Donald Ayer, arguing in The Atlantic, suggests no, pointing to post-Watergate reforms that created independence at DOJ. [read post]
19 Feb 2020, 4:00 am
2/19/1942: President Roosevelt issues Executive Order 9066. [read post]
18 Feb 2020, 4:00 am
2/18/1988: Justice Anthony Kennedy takes judicial oath. [read post]
17 Feb 2020, 1:27 pm
Josh Blackman, a leading academic defender of the Trump v. [read post]
17 Feb 2020, 4:00 am
2/17/1801: House of Representatives breaks tie in Electoral College, and selects Thomas Jefferson as President. [read post]
16 Feb 2020, 4:00 am
2/16/1833: Barron v. [read post]
15 Feb 2020, 10:06 am
(Of course, Josh Blackman and Seth Tillman have provided legal analyses that the Emoluments Clause simply doesn't apply to the President at all, an argument I'm certainly not persuaded by, though I don't regard it as "frivolous" in a way, say, that is true of Alan Dershowitz's argument about Trump's ability to do anything and everything he thinks benefits his election prospects.) [read post]
15 Feb 2020, 4:00 am
2/15/1790: Justice John Rutledge takes oath. [read post]
14 Feb 2020, 4:00 am
2/14/1845: Justice Samuel Nelson takes judicial oath. [read post]
13 Feb 2020, 4:00 am
2/13/16: Justice Antonin Scalia died. [read post]
12 Feb 2020, 4:00 am
2/12/1965: Justice Brett Kavanaugh's birthday. [read post]
11 Feb 2020, 11:16 am
“The ratification of the Equal Rights Amendment could lead to an Article V Constitutional Convention; If states cannot rescind their ratification proposals, then 2/3 of the states may have already voted to call an Article V Constitutional Convention for the Balanced Budget Amendment”: Josh Blackman has this post at “The Volokh Conspiracy. [read post]
11 Feb 2020, 10:52 am
[If states cannot rescind their ratification proposals, then 2/3 of the states may have already voted to call an Article V Constitutional Convention for the Balanced Budget Amendment] Currently, the courts are considering whether the Equal Rights Amendment has been ratified. [read post]
11 Feb 2020, 6:50 am
And at “The Volokh Conspiracy,” Josh Blackman has a post titled “Justice Ginsburg maintains her position that the deadline to ratify the Equal Rights Amendment has passed; Litigation concerning the ratification of the ERA is pending in federal court in Alabama, Massachusetts, and D.C. [read post]
11 Feb 2020, 4:00 am
2/24/1803: Marbury v. [read post]
10 Feb 2020, 8:03 pm
” And at “The Volokh Conspiracy,” Josh Blackman has a post titled “Judge Bumatay’s Originalist Eighth Amendment dissent from denial of rehearing en banc. [read post]
10 Feb 2020, 7:29 pm
[Litigation concerning the ratification of the ERA is pending in federal court in Alabama, Massachusetts, and D.C.] [read post]
10 Feb 2020, 5:08 pm
[The suit alleges violations of the Dormant Commerce Clause, the Privileges and Immunities Clause, and the Equal Protection Clause] Today, Texas Attorney General Ken Paxton filed a suit against California in the Supreme Court's original jurisdiction. [read post]
10 Feb 2020, 4:11 pm
[Now published in the NYU Journal of Law & Liberty] The NYU Journal of Law & Liberty has published the final version of my new article, "Originalism and Stare Decisis in the Lower Courts. [read post]
10 Feb 2020, 3:36 pm
["The Eighth Amendment’s history and original understanding are of vital importance to this case. [read post]