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24 Nov 2014, 10:30 am by Guest Blogger
  As Marty Lederman notes, rather than asserting inherent presidential power, OLC’s assessed DHS’s proposed actions entirely through the prism of delegated statutory authority. [read post]
24 Feb 2014, 4:00 am by Howard Friedman
(Czech Republic, Hungary and Poland), (Israel Law Review, Vol. 47, Issue 1. pp. 27-61 (2014)).SCOTUS Blog Contraceptive Mandate Symposium (Feb. 17-24, 2014):Marty Lederman, Symposium: How to understand Hobby Lobby.Jessie Hill, Symposium: The Contraceptives Coverage Controversy-- What's Old Is New Again.John Bursch, Symposium: Hobby Lobby and Conestoga: The Most Difficult-to-Answer Question.Michael Dorf, Symposium: Why is RFRA Still Valid Against the Federal Government? [read post]
25 Mar 2014, 12:32 pm by Guest Blogger
Several of the justices took seriously the argument, which I first saw here in a post by Marty Lederman, that the contraception rule does not impose a burden at all, because it would be as cheap or cheaper for employers to simply stop providing health insurance altogether. [read post]
14 Jul 2019, 4:15 am by SHG
In the comments, prawf Marty Lederman offers a defense of Omari’s victimhood. [read post]
4 Feb 2024, 7:55 pm by Marty Lederman
 Nevertheless, in a post entitled "Marty Lederman's Fundamental Mistake of Law," he writes:[I]t does not follow, as [Marty] seems to suppose, that this principle also precludes Colorado from granting its Secretary of State the authority to exclude Trump from the state’s Republican primary if he is disqualified from the Presidency by the Fourteenth Amendment. [read post]
9 Oct 2011, 8:11 pm
 Moreover, the memo's authors are reported as David Barron and Marty Lederman, who were clearly the brains of OLC in the beginning of President Obama's term, and knowing them both, I'd expect first-rate analysis from them. [read post]
1 Jul 2007, 3:28 pm
I want to provide a counterpoint example and it so happens that perhaps the finest Left law blog there is, Balkinization, gives us two of the best examples - Georgetown Law Professor Marty Lederman and Yale Law Professor Jack Balkin. [read post]
9 Jan 2007, 3:46 pm
All that said, it seems clear to me that what Kennedy is proposing, supported legally here in Marty Lederman's unfair attack on Joe Biden, is NOT consistent with the Constitution. [read post]
22 Jul 2020, 1:23 pm by Steve Lubet
As explained by Marty Lederman on Balkinization, Trump's Memorandum does not affect the way that the Commerce Department will conduct the 2020 Census, or how the actual results will be tallied. [read post]
3 Aug 2017, 6:27 am by Scott Bomboy
But Georgetown Law professor Marty Lederman told the New York Times that the arguments won’t hold weight. [read post]
24 Dec 2006, 12:38 pm
In the past year and a half, I have added the blogging team that Jack established and that Sandy Levinson, Marty Lederman and so many others have enlivened, to my own friends, and beyond them, a circle of readers - some crotchety, some exasperating, and others who offer essential moral support (and even a keen editorial eye and blue pencil, which must be what every poster hopes for). [read post]
7 Jul 2007, 3:35 am
Marty Lederman was nice enough to comment and say he appreciated my analysis, so let's look at what he wrote about the case. [read post]
10 Jan 2012, 11:43 am by Benjamin Wittes
  Marty Lederman recalled that the administration had advised Congress in 2009 that courts might find that “material support” of terrorism was not a crime under the law of war. [read post]
3 Apr 2012, 8:08 pm by Sandy Levinson
I truly think that nothing more need be said about the ACA, save by Marty Lederman, who has truly mastered the briefs and oral arguments. [read post]
31 Oct 2014, 4:31 am by Amy Howe
”  At Just Security, Marty Lederman reacts to both posts, concluding that the federal government and Goldsmith “probably have the better of the argument here. [read post]
17 Nov 2014, 3:35 am by Amy Howe
  And Marty Lederman discusses the same argument at Just Security. [read post]
2 Jul 2008, 6:51 pm
In the past year, Slate has run stories by Bruce Ackerman, Ahkil Amar, Frank Bowman, Bill Eskridge, David Fontana, Richard Thompson Ford, Bennett Gershman, Jack Goldsmith, Rick Hasen Orin Kerr, Neal Katyal, Marty Lederman, Eric Posner, Jamin Raskin, Jim Ryan and Kenji Yoshino (and I'm sure I missed a few too). [read post]
5 May 2012, 6:00 am by An Hertogen
In a guest post, Marty Lederman linked to a speech on “The Ethics and Efficacy of the President’s Counterterrorism Strategy” by John Brennan, Obama’s Assistant for Homeland Security and Counterterrorism. [read post]
1 May 2007, 11:01 pm
Rumsfeld, and not a newly concocted tribunal that brings stateside unfair procedures found in the Military Commissions Act, or MCA; 2d, "torture or cruel, inhuman, or degrading treatment" will have to encompass the full meaning of those terms under international human rights law, and not the ghost of that meaning set forth in the MCA; 3d, the notion that there may be "legal authority" for detention without charge inside the United States will require explanation and… [read post]