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During the announcement in the White House Rose Garden, Barrett promised that “should I be confirmed, I will be mindful who came before me,” and added that “the flag of the United States is still flying at half-staff in memory of Justice Ruth Bader Ginsburg to mark the end of a great American life. [read post]
23 Sep 2020, 6:30 am by Mark Graber
"  Steven Skowronek describes a cyclical phenomenon when he observes that the United States experiences reconstructive, affiliated, and disjunctive presidents in regular succession. [read post]
23 Sep 2020, 5:01 am by Sean Quirk
The joint note verbale also cites the 2016 arbitral tribunal ruling in Philippines v. [read post]
21 Sep 2020, 9:14 pm by Marci A. Hamilton
There have been smart, enterprising, and strong women in the United States since its founding, but a woman has been on the Supreme Court only since September 25, 1981. [read post]
21 Sep 2020, 2:00 pm by Amy Howe
Court of Appeals for the 7th Circuit, is on the shortlist of candidates whom the president is considering. [read post]
17 Sep 2020, 4:00 am by Administrator
” This chapter discusses the attacks on the rule of law by the President and some in his orbit, including: (i) the rule of law; (ii) criticisms of laws by the President; (iii) The Hatch Act; (iv) other examples of violations; (v) military law; and (vi) pardons. 12.2 Rule of Law The President of the United States takes an oath to preserve, protect and defend the Constitution. [read post]
16 Sep 2020, 6:30 am by Sandy Levinson
  However, I am not convinced, even if, as seems probable, Joe Biden becomes #46 in our line of presidents. [read post]
15 Sep 2020, 9:01 pm by Michael C. Dorf
Yet if that explains (albeit without justifying) the majority’s rejection of the due process and equal protection claims, a threshold requirement of support in constitutional text cannot explain the bottom line in Jones, because the plaintiffs also relied on an express constitutional text.They invoked the Twenty-Fourth Amendment, which provides: “The right of citizens of the United States to vote” in any federal election “shall not be denied or… [read post]
14 Sep 2020, 11:32 am by Anne Joseph O'Connell
In a memorandum from Mitnick to Nielsen, Mitnick wrote: “Pursuant to your authority set forth in section 113 of title 6, United States Code, you have expressed your desire to designate certain officers of the Department of Homeland Security (DHS) in order of succession to serve as Acting Secretary. [read post]
7 Sep 2020, 10:04 am by Paul Rosenzweig, Vishnu Kannan
More pointedly, it provides (in §606(c)) that: Upon proclamation by the President that there exists war or a threat of war, or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President, if he deems it necessary in the interest of national security or defense, may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all… [read post]
22 Aug 2020, 8:39 am by Matt Gluck, Tia Sewell
They spoke about what this Trump administration effort reveals about the relationship between presidents and the intelligence community: David Priess shared a Lawfare Live event with the Michael V. [read post]
20 Aug 2020, 12:31 pm by Josh Blackman, Seth Barrett Tillman
” Section 201(a)(1) defines this category to include members of Congress, as well as “an officer or employee or person acting for or on behalf of the United States. [read post]
14 Aug 2020, 12:32 pm by Scott Bomboy
Volokh also wrote that the Supreme Court’s United States v. [read post]
13 Aug 2020, 6:59 am by Kristian Soltes
Department of Justice and a contingent of state attorneys general challenged AmEx’s anti-steering rules in a case that reached the Supreme Court in 2018 as Ohio v. [read post]
7 Aug 2020, 9:38 am by Mindy Harris
United States, which upheld the constitutionality of the for-cause removal protection afforded to the FTC’s five commissioners, it narrowly read that decision to create an exception to the President’s unrestricted removal power only for “multimember expert agencies that do not wield substantial executive power. [read post]
5 Aug 2020, 2:52 pm by Ben Berwick, Rachel Homer
” Instead, the Framers drafted a Constitution that required the Senate’s “Advice and Consent” for the appointment of “Officers of the United States. [read post]