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19 Dec 2017, 4:28 am
At Balkinization, Marty Lederman discusses the government’s arguments in the case. [read post]
16 Jun 2014, 4:57 am
At Balkinization, Marty Lederman anticipates the Court’s eventual decision in the challenges to the Affordable Care Act’s contraception mandate: in one post, he considers how a recent decision by the U.S. [read post]
16 Sep 2015, 5:34 am
[Marty Lederman has more legal background here.] [read post]
24 Apr 2008, 12:42 pm
Marty Lederman wrote a great analysis of the "force v. pour" distinction on Balkinization today. [read post]
26 May 2015, 2:29 pm
(Here is Charlie Savage’s story on Dan when he left the White House; here is a brief tribute from his former colleague Marty Lederman.) [read post]
1 Dec 2014, 6:55 am
Links to the collected posts, from a range of scholars — including Bruce Ackerman, Marty Lederman, Gillian Metzger, and Zach Price, among others — can be found here. [read post]
5 Aug 2007, 9:56 am
Over at Balkinization, Marty Lederman (Georgetown Law Center) wonders why the Bush Administration conducted the NSA surveillance program illegally when it could have readily obtained Congressional approval: Doesn't this give the NSA all it had under the "TSP" between March 2004 and January 2007 -- and much, much more, since there's no requirement of any tie to an Al-Qaeda-related person? [read post]
9 Jun 2018, 6:40 pm
Georgetown law Professor Marty Lederman notes some additional flaws in this part of the red states' case. [read post]
6 Jul 2014, 5:09 am
(Marty Lederman and I debate the effect of the order here and here.) [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]
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]
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]
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]
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]
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]
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]
30 Jun 2017, 7:35 am
In this fluid environment, the government should bring grandparents (and grandchildren) under its protective umbrella (see Marty Lederman’s post here). [read post]
16 Apr 2016, 7:54 am
Jack responded to Marty Lederman on the Obama administration's embrace of the Bush doctrine of preemption. [read post]
14 Jul 2019, 4:15 am
In the comments, prawf Marty Lederman offers a defense of Omari’s victimhood. [read post]
