Search for: "Marty Lederman"
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1 Feb 2024, 12:01 pm
Marty Lederman has ably described the political reasons why the Supreme Court might want to avoid disqualification. [read post]
11 Nov 2013, 10:51 am
Yet at the time, as Marty Lederman, a legal scholar who would later become a key lawyer in Obama’s Justice Department, explained that in reality, "There is nothing to fear in the new FISA bill unless you make international phone calls or e-mails that arguably implicate the federal government's national security, foreign affairs or law enforcement interests." [read post]
25 Mar 2014, 12:32 pm
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]
24 Feb 2014, 4:00 am
(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]
SCOTUS Ducking the Trump Eligibility Question Now will Pressure the Court to Rule in his Favor Later
16 Feb 2024, 7:56 am
Of course, the prohibition on insurrectionists holding office is already in the Constitution, but, Mitchell and amici argue, the possibility that Congress by a 2/3 vote of each house might vote lift the prohibition before Inauguration Day means that restricting ballot access is premature.For reasons I've already spelled out in the blog post and Verdict column linked above and that Marty Lederman has addressed at length on Balkinization here and elsewhere, this seems… [read post]
3 Mar 2015, 8:15 pm
(The post also references Professor Gluck’s January 27 Politico article summarizing that argument, and Professor Marty Lederman’s March 2 post on Balkinization to similar effect.)The gist of their argument is that: “We’re not afraid to acknowledge Gluck’s . . . federalism argument; we just think it’s wrong on the merits. [read post]
24 Nov 2014, 10:30 am
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]
2 Jan 2018, 7:33 pm
As Marty Lederman notes in a post highly critical of the SG's office: Because of this action by the SEC, the question presented will not "continue to arise absent this Court's intervention," nor will "the Commission's ability to enforce the nation's securities laws [be] put on hold pending this Court's resolution of the question presented. [read post]
31 May 2011, 8:19 am
" Marty Lederman (recently of the U.S. [read post]
4 Feb 2024, 7:55 pm
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]
3 Aug 2017, 6:27 am
But Georgetown Law professor Marty Lederman told the New York Times that the arguments won’t hold weight. [read post]
22 Jul 2020, 1:23 pm
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]
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]
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]
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]
10 Jan 2012, 11:43 am
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]
21 Jul 2015, 5:39 am
In a post at Balkinization, Marty Lederman looks at the impact of the Court’s 2014 decision in Burwell v. [read post]
22 Jul 2016, 4:32 am
” At Balkinization, Marty Lederman has an update on recent developments in the lower courts in the wake of the Court’s decision remanding the challenges by religious non-profits and schools to the Affordable Care Act’s birth-control mandate. [read post]
