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7 May 2014, 5:22 am
” The Constitutional Accountability Center has made the video from its recent “Home Stretch at the Supreme Court” event, which featured Dahlia Lithwick, Elizabeth Wydra, Erin Murphy, and Marty Lederman, available at its website. [read post]
26 Feb 2019, 4:03 am
Commentary comes from Jeremy Dys in an op-ed at Fox News, Andrew Seidel at Rewire.News, Thomas Ascik at National Review, and Marty Lederman at Balkinization. [read post]
24 Jan 2019, 4:14 am
At Just Security, Marty Lederman assesses the implications of Tuesday’s 5-4 decision “to stay two of the injunctions that district courts have imposed to bar implementation of the 2018 Mattis policy” barring service in the military by most transgender individuals. [read post]
24 Jan 2009, 12:29 am
Likewise, VP Biden has taught as an adjunct at the University of Delaware for many years and in his role on the Senate Judiciary Committee dealt with the sorts of issues that excite legal academics.Then there's Elana Kagan as Solicitor General, assisted by Neal Katyal; there's Dawn Johnsen heading OLC, assisted by Marty Lederman and David Barron (either of whom would also have been plausible in the top spot); there's Cass Sunstein heading OIRA; and while Greg Craig… [read post]
30 Nov 2015, 2:45 am
And at Balkinization, Marty Lederman contends that “the Court should set argument in the case this Term, and decide it by the end of June 2016, for a very practical reason–one that can be seen clearly by considering the two principal, possible dispositions of the case. [read post]
4 Apr 2007, 12:46 am
It is too early to assess the long-term impact of the certiorari denial and, as Marty Lederman points out in his excellent summary similar challenges are expected to reach the Court through DTA petitions. [read post]
20 Nov 2018, 3:48 am
” At Balkinization, Marty Lederman explains why one of the court’s newest cases for OT 2018, In re Department of Commerce, et al., a dispute arising out of a challenge to the administration’s decision to add a question about citizenship to the 2020 census, is “a very strange, almost inexplicable, grant. [read post]
24 Apr 2014, 6:19 am
At Just Security, Marty Lederman looks at Justice Breyer’s statement respecting the Court’s denial of review in the detainee case Hussain v. [read post]
25 Mar 2012, 7:01 pm
The Solicitor General’s reply brief makes this plain (see especially pp. 6-7 and 14-15), as does Marty Lederman’s recent post here at Balkinization (see especially Part IV.c and elsewhere). [read post]
16 Jun 2017, 4:38 am
” At Just Security, Marty Lederman explains “why, in light of the Ninth Circuit’s decision on Monday, there’s no good reason for the Court to grant any of the government’s petitions or applications. [read post]
15 Nov 2011, 1:16 pm
And over at Balkinization, Marty Lederman has this post about President Obama’s response. [read post]
3 Apr 2012, 6:32 am
Others, including Marty Lederman at Balkinization, Ori J. [read post]
22 Jun 2008, 2:16 pm
Where Mukasey (the judge in Padilla's case) erred was in going on to say that despite institutional competence, the President has the constitutional commission of making such calls.This paper reaches many of the same conclusions as David Barron's and Marty Lederman's magnum opus on "the commander in chief at the lowest ebb," available here and here. [read post]
18 May 2016, 6:10 am
Commentary comes from The Citizen’s Guide to the Supreme Court (in a podcast), Margaret Drew at the Human Rights at Home Blog, Ilya Shapiro at Cato at Liberty, and Marty Lederman at Balkinization. [read post]
13 Apr 2016, 6:04 am
” And at Balkinization, Marty Lederman discusses whether, as Texas alleges, the DAPA policy “transforms unlawful conduct into lawful conduct. [read post]
6 Nov 2007, 7:19 am
Schumer has an op-ed in The New York Times this morning explaining his decision to vote in favor of the nomination (H/T: Marty Lederman). [read post]
29 Mar 2010, 7:40 am
Center-left legal critics of the Bush administration, including well known commentators like David Luban, Scott Horton, and Marty Lederman, face what I would call the "Jackson problem. [read post]
16 Jul 2008, 5:55 am
Check this out, Marty Lederman's smackdown at Eric Posner: With all respect, I think that post really is beyond the pale. [read post]
27 Nov 2019, 3:21 am
At Balkinization, Marty Lederman addresses “the importance of the … cases[,] the weakness of Trump’s constitutional arguments … and … what the Court is likely to do with those two cases. [read post]
21 Apr 2016, 5:51 am
Commentary comes from Marty Lederman, who at Balkinization argues that, if the Court holds that Texas has standing to bring its lawsuit, the Court “should hold that the Secretary does have authority to confer work authorization on the DAPA aliens, all of whom have already demonstrated that they are likely to remain in the United States, and most of whom are already working, albeit not ‘above board’”; Beth Werlin, who at Immigration Impact addresses… [read post]
