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27 Oct 2020, 7:00 am
[There is no statutory requirement that his successor must reside in Puerto Rico.] [read post]
2 Oct 2020, 9:11 pm
[I hope the Amars can answer a simple question. [read post]
12 Aug 2021, 2:42 pm
[There is a three-way tie for first: Sutton, Pryor, and Kavanaugh] David Lat answers the questions we all want to know. [read post]
5 May 2023, 1:42 pm
[RBG told Rosen that AMK wrote the Bush v. [read post]
2 Jul 2024, 12:11 pm
[SCOTUS GVR's Range, sends Second Amendment to inferior court purgatory.] [read post]
14 May 2020, 5:00 am
[Lessig suggests no.] [read post]
21 Jul 2021, 7:23 pm
[I had long assumed that choice was based on a consensus of the majority.] [read post]
30 Jun 2024, 3:10 pm
[But after a second, a third, and a fourth read, all of the fancy veneers and window dressing start to come off.] [read post]
18 Apr 2023, 10:15 am
["We should apply the highest ethical standards, not hypocritical double standards. [read post]
21 Sep 2020, 5:30 am
[A Trump Statue outside the Supreme Court?] [read post]
10 Dec 2021, 9:32 pm
[She still does not understand who decides. ] The Supremacy Clause provides: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land Supreme Court opinions are not included in that list. [read post]
24 Mar 2020, 10:33 am
[Wolters Kluwer has generously made our entire video library free until May 31 to assist with distance learning] In September, Randy Barnett and I published An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know. [read post]
30 Jul 2020, 3:11 pm
[Part IV is mostly a rehash of Part III, though we learn that RBG is only telling some of members about her health.] [read post]
26 Nov 2020, 11:03 am
[What happens now?] [read post]
6 Dec 2020, 11:39 am
[Did Alito not recognize the significance of making the response due after the safe harbor date? [read post]
6 Nov 2019, 4:06 am
[The VanDyke report proves that the ABA cannot be trusted to fairy review nominees] The Atlantic has published an essay based on a post I wrote here last week about Lawrence VanDyke's nomination to the Ninth Circuit. [read post]
27 Jan 2020, 7:15 pm
Around 8:30 p.m. [read post]
29 Apr 2022, 6:00 am
["The President Has Three Bodies and There Is No Cause of Action for Ultra Vires Conduct"] The Georgetown Journal of Law & Public Policy has published the new article I co-authored with Seth Barrett Tillman: "The Unresolved Threshold Issues in the Emoluments Clauses Litigation: The President Has Three Bodies and There Is No Cause of Action for Ultra Vires Conduct. [read post]
16 Dec 2020, 11:33 am
[The 8-member Supreme Court gave the federal District Court once last chance. [read post]
23 Jul 2021, 7:56 am
[The Chief has written many of the Court's property cases over the past decade.] [read post]