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1 Mar 2019, 11:11 am
Serve as a hearing judge in accordance with trival Judicial Administrative Code. [read post]
19 Dec 2006, 4:35 am
It detained American citizens in military prisons without the right to consult an attorney or seek judicial review. [read post]
20 Jun 2011, 7:18 am
To that end, the President has instructed Executive agencies to continue to comply with Section 3 of DOMA, consistent with the Executive’s obligation to take care that the laws be faithfully executed, unless and until Congress repeals Section 3 or the judicial branch renders a definitive verdict against the law’s constitutionality. [read post]
30 Jul 2012, 9:32 am
The other branches of government and the general public have to obey Supreme Court decisions. [read post]
7 Jul 2011, 3:03 am
Indeed, as the Attorney General's February letter explained, the Executive branch will continue to enforce section 3, even as it argues against its constitutionality, "unless and until Congress repeals Section 3 or the judicial branch renders a definitive verdict against the law’s constitutionality. [read post]
17 Aug 2011, 3:00 am
It noted the State Department’s prior guidance on judicial assistance in China, which noted that requests had “not been particularly successful in the past. [read post]
4 Jun 2024, 8:40 am
Courts have recognized a right of access to public documents of the executive and judicial branches but have never analyzed the right’s applicability to the legislative branch (except in a drive-by fashion). [read post]
12 Jan 2010, 12:18 pm
They lay off staff, some of whom are long-tenured, invaluable court officers who are critical to judicial operations. [read post]
21 Jun 2017, 10:32 am
“As this court reiterated only days ago,” the new filing said, “‘national security policy is the prerogative of the Congress and President’ and ‘judicial inquiry into the national-security realm raises concerns for the separation of powers in trenching on matters committed to the other branches. [read post]
19 Dec 2024, 7:52 am
The postal system was repositioned as an independent establishment of the executive branch. [read post]
17 Nov 2011, 4:12 pm
First is the doctrine of Separation of Powers: examining the structure and interrelationship of the three branches of the federal government, Congress, the Executive Branch, and the federal judiciary. [read post]
30 Mar 2011, 8:31 am
” The black holes exist where the executive is exempt or there is no judicial review. [read post]
3 Mar 2008, 6:12 pm
The first sentence is, indeed, normatively problematic, and I don't think I can be criticized for being unwilling to criticize Rosen's criticisms of liberal "judicial activism. [read post]
16 Aug 2011, 10:01 am
Regarding Ben’s concerns, this country’s executive branch officials successfully fought our nation’s wars for over a century before the courts (through judicially created immunity doctrines and ever-expanding applications of the political question doctrine) and Congress (through the Federal Tort Claims, Westfall and similar acts) erected substantial obstacles to such suits. [read post]
15 Aug 2017, 2:49 pm
"(This is not the place to elaborate the fact that it is up to the elected branches, and not the intentionally non-majoritarian judicial branch in any event, to determine when there exists a "national consensus"). [read post]
7 Oct 2009, 11:08 am
In discussing the difference between standards of review for decisions of trial courts versus agencies, the Court noted that agency functions arise out of the executive branch, whereas trial court decisions fall within the realm of the judicial branch. [read post]
3 Mar 2012, 10:27 am
”Elon Law’s current externship program offers opportunities for students to serve in dozens of state executive, legislative and judicial branch offices, as well as in a number of nonprofit organizations in North Carolina. [read post]
11 Feb 2025, 2:00 am
The Ninth Circuit explained that any plan which would grant the relief sought would necessarily implicate a host of complex policy decisions entrusted to the executive and legislative branches. [read post]
28 Dec 2009, 6:51 am
My answers are (1) I am for eliminating the filibuster for legislative measures and for Executive Branch appointments but decidedly against elimination of the filibuster for Judicial Branch appointments. [read post]
5 Oct 2010, 8:07 am
Neither of these points mean that there isn't really a "constitution," with a strong, independent judicial branch as part of that - but the model and historic experience is very different from that in, for example, the U.S. [read post]