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Q&A: Senior Fellows John F. Cogan And Michael McConnell On Their New Amicus Brief Opposing The Student Loan Forgiveness Program
24 Feb 2023, 12:31 pm by Jonathan Movroydis
Why, as you write in this amicus brief, is President Biden’s decision to forgive $400 billion worth of student loans an epochal change in the history of United States domestic programs? [read post]
Legal Aggregate - https://law.stanford.edu/legal-aggregate/
Disqualification From Office: Donald Trump v. the 39th Congress
24 Feb 2023, 5:16 am by Mark A. Graber
Mouat (1888) and United States v. [read post]
Lawfare - http://www.lawfareblog.com/
Speech or Debate Immunity Will Not Protect Scott Perry’s Phone
23 Feb 2023, 12:42 pm by Norman L. Eisen
And Perry also supported Texas’s fatally flawed lawsuit against Pennsylvania, his own home state, and three other states. [read post]
Just Security - https://www.justsecurity.org/
When the president takes lawmaking matters into his own hands, the court must step in
23 Feb 2023, 6:59 am by Elizabeth Slattery
The Biden administration says this applies to every person in the United States with an eligible student loan and relies on the COVID-19 pandemic as the national emergency to justify its action. [read post]
SCOTUSblog - http://www.scotusblog.com/
Another separation-of-powers case, press access to trials, and maritime insurance
23 Feb 2023, 6:57 am by John Elwood
United States and Palomares v. [read post]
SCOTUSblog - http://www.scotusblog.com/
“Contrary to the Public Interest” Part II: CMS Again Invokes Retroactive-Rulemaking Authority
22 Feb 2023, 7:17 am by James Segroves
United States, 139 S. [read post]
Health Industry Washington Watch - http://www.healthindustrywashingtonwatch.com/
When Elections Threaten the Rule of Law: The Good Governance Paradox of Judicial Elections
22 Feb 2023, 5:16 am by Kevin Frazier
(For more on this, see Chambers v. [read post]
Lawfare - http://www.lawfareblog.com/
The Limited Scope of Vice President Pence’s Speech or Debate Clause Immunity
21 Feb 2023, 6:41 am by Andy Wright
United States, 408 U.S. 606 (1972). [read post]
Just Security - https://www.justsecurity.org/
Don’t let the executive abuse emergency powers to raid the Treasury
21 Feb 2023, 6:15 am by Ilya Somin
It also claims that virtually everyone in the United States qualifies under (C), because, in March 2020, then-President Trump declared the entire country a “disaster area” because of COVID. [read post]
SCOTUSblog - http://www.scotusblog.com/
Congress Should Repeal and Replace JASTA
16 Feb 2023, 5:16 am by Jack Hoover
In Taamneh v. [read post]
Lawfare - http://www.lawfareblog.com/
May & Magloughlin on NFIB v. OSHA
15 Feb 2023, 4:05 pm by Lawrence Solum
May (The Free State Foundation) & Andrew Magloughlin (The Free State Foundation) have posted NFIB v. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
Reversing the “Constitutional Revolution”: The Israeli Government’s Plan to Undermine the Supreme Court’s Judicial Review of Legislation
15 Feb 2023, 6:18 am by Amichai Cohen, Yuval Shany
  In its landmark case United Mizrahi Bank v. [read post]
Lawfare - http://www.lawfareblog.com/
[Josh Blackman] Can The Vice President Invoke The "Speech or Debate" Clause?
14 Feb 2023, 10:55 am by Josh Blackman
Update: Gravel v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Pence Asserts Novel Constitutional Claim to Avoid Testifying Before Grand Jury
14 Feb 2023, 6:23 am by jonathanturley
United States, 408 U.S. 606, 624–25 (1972). [read post]
Jonathan Turley - https://jonathanturley.org/
The New Israeli Government’s “Constitutional Law Reforms”: Why now? What do they mean? And what will happen next?
14 Feb 2023, 5:01 am by Amichai Cohen, Yuval Shany
The latter role has no analogue in the United States, where the Supreme Court has original jurisdiction only over the smallest range of matters and serves almost exclusively as an appellate body. [read post]
Lawfare - http://www.lawfareblog.com/
Between Liberalism and Democracy – John O. McGinnis
9 Feb 2023, 5:45 pm by Tom Smith
Even the United States Secretary of State implied as much on his latest visit, expressing concern about the “core importance of democratic principles and institutions. [read post]
The Right Coast - https://rightcoast.typepad.com/rightcoast/
Personal Thoughts on Arizona v. Navajo Nation [water rights case]
9 Feb 2023, 5:53 am by Ezra Rosser
A couple of months ago, I was asked to work on an amicus brief focusing on the treaties made between the Navajo Nation and the United States with a couple of other people. [read post]
Poverty Law Prof Blog - https://maximinlaw.wordpress.com/
[Eugene Volokh] GWU Law Student Gov't Directs People to Stop Saying/Writing "Illegal," "Alien," and "Assimilation" re: Immigration
9 Feb 2023, 5:01 am by Eugene Volokh
Texas, 809 F.3d 134, 148 (5th Cir. 2015). 6 Kopan, Tal, Justice Department: Use 'illegal aliens,' not 'undocumented', CNN, (Jul. 24, 2018, 8:12 PM), https://www.cnn.com/2018/07/24/politics/justice–department–illegal–aliens–undocumented/index.html(last visited Oct. 23, 2021). 7See Alejandro Portes & Alejandro Rivas, The Adaptation of Migrant Children, Future Child., Spring 2011, at 219, 221–22. 8United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Ilya Somin] "Third-Party Standing" Doctrine Shouldn't be Used to Block Lawsuits Challenging Biden's Student Loan Forgiveness Plan
8 Feb 2023, 11:47 pm by Ilya Somin
But in Biden v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A Chance for the Courts to Rein in Governing by Emergency
3 Feb 2023, 12:40 pm by Kristy Parker, Justin Florence, Genevieve Nadeau, Soren Dayton, Scott Welder
United States but has since repudiated. [read post]
Lawfare - http://www.lawfareblog.com/