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20 Dec 2019, 3:56 am
As Josh Blackman says, the assumption that the subconstitutional rules somehow dictate the legitimacy of this constitutional process creates a curious, if academic, scenario. [read post]
19 Dec 2019, 6:28 pm
[Only the House can define when the President has been impeached but the Senate could deem the President is acquitted due to lack of prosecution] The Senate's impeachment rules were adopted in 1986. [read post]
19 Dec 2019, 6:20 pm
” Josh Blackman has this post at “The Volokh Conspiracy. [read post]
19 Dec 2019, 2:09 pm
Nearly a decade after its enactment, the Affordable Care Act remains under constant siege. [read post]
19 Dec 2019, 1:04 pm
U.S. should be removed from the final published opinion; There is no reason for a judicial decision to write that the ACA ‘was enacted as part of a fraud on the American people'”: Josh Blackman has this post at “The Volokh Conspiracy. [read post]
19 Dec 2019, 9:08 am
[There is no reason for a judicial decision to write that the ACA "was enacted as part of a fraud on the American people"] Last night, I wrote a three-part series on the Fifth Circuit's ACA decision. [read post]
19 Dec 2019, 6:06 am
At “The Volokh Conspiracy,” Josh Blackman has posts titled “Instant Analysis of Texas v. [read post]
19 Dec 2019, 4:00 am
12/19/1940: U.S. v. [read post]
18 Dec 2019, 11:16 pm
For an explanation of some, but certainly not all, of the potential conclusions with regard to severability, see Josh Blackman, Undone: The New Constitutional Challenge to Obamacare, 23 Tex. [read post]
18 Dec 2019, 10:02 pm
[The 5th Circuit follows NFIB v. [read post]
18 Dec 2019, 7:02 pm
[The House may not transmit the articles of impeachment until the Senate trial's procedures are established] Tonight, the House approved two articles of impeachment. [read post]
18 Dec 2019, 5:46 pm
” Josh Blackman has this post at “The Volokh Conspiracy. [read post]
18 Dec 2019, 5:41 pm
["The evidentiary basis for this injury is even stronger than it was in NFIB. [read post]
18 Dec 2019, 3:56 pm
Writing at the Volokh Conspiracy, Josh Blackman says that the current interview is deeply problematic, but I think there is a more benign interpretation. [read post]
18 Dec 2019, 1:53 pm
“Justice Ginsburg Opines on Biased Senators and President Trump’s Knowledge about the Constitution; RBG continues to exercise terrible discretion, even after apologizing to President Trump”: Josh Blackman has this post at “The Volokh Conspiracy. [read post]
18 Dec 2019, 9:18 am
[RBG continues to exercise terrible discretion, even after apologizing to President Trump] Justice Ginsburg sat for an interview with BBC host, Razia Iqbal. [read post]
18 Dec 2019, 9:01 am
Be Different, Be Brave, Be You (by Justice Sonia Sotomayor)And don't forget about books about the justices, including: The Chief: The Life and Turbulent Times of Chief Justice John Roberts (by Joan Biskupic); The Enigma of Clarence Thomas (by Corey Robin); First: Sandra Day O'Connor (by Evan Thomas); and Conversations with RBG: Ruth Bader Ginsburg on Life, Love, Liberty and Law (by Jeffrey Rosen).There are also plenty of new books about the court, including: An Introduction to… [read post]
18 Dec 2019, 4:00 am
12/18/1944: Korematsu v. [read post]
17 Dec 2019, 4:00 am
12/17/1910: Justice Joseph Rucker Lamar nominated to the Supreme Court. [read post]
16 Dec 2019, 3:27 pm
[Could the House delay voting on the Articles of Impeachment, or vote on them, but decline to transmit them to the House?] [read post]
