Search for: "Marty Lederman"
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15 Jan 2020, 4:11 am
” At Balkinization, Marty Lederman weighs in on two requests for expedited review of a lower court ruling that the Affordable Care Act’s individual mandate is unconstitutional, arguing that “the Court ought to grant the petitions (and thus the motions to expedite) because of the stratagem that two judges on the Fifth Circuit employed here and the foreseeable effects their manipulations will have. [read post]
9 Oct 2011, 5:20 am
He not only mentions its principal authors–David Barron and Marty Lederman–he mentions its length (roughly 50 pages), and those who have spent time reading OLC opinions will recognize immediately in his story the structure of a typical OLC memo in his description. [read post]
8 Jan 2019, 3:57 am
At Just Security, Marty Lederman considers the pending stay motions and petitions for certiorari before judgment in a group of challenges to the Trump administration’s ban on service in the military by most transgender people, in order “to highlight some interesting ways in which DOJ has recently tried to frame the merits of the case, and, more broadly, to unpack just what’s at stake in these challenges. [read post]
13 Jun 2016, 2:57 am
” At Balkinization, Marty Lederman continues his post on Muhammad Ali’s “legal travails . . . after he refused induction into military service in 1967–culminating in the Supreme Court’s 1971 ruling in his favor on the appeal of his criminal conviction. [read post]
25 Feb 2019, 3:44 am
” At Balkinization, Marty Lederman looks at Justice Clarence Thomas’ concurrence in the court’s denial of cert last week in defamation case McKee v. [read post]
18 Dec 2019, 3:44 am
” At Balkinization, Marty Lederman remarks on how the briefing in a landmark 1926 Supreme Court case involving “whether Congress can give the Senate a role in the removal of an inferior officer” shows “how very different Supreme Court practice is today than it was a century ago. [read post]
5 Aug 2007, 9:07 pm
As Marty Lederman noted, The key to understanding the FISA bill is that it will categorically exclude from FISA's requirements any and all "surveillance directed at a person reasonably believed to be located outside of the United States," even if the surveillance occurs in the U.S.; even if the surveillance has nothing whatsoever to do with Al Qaeda, terrorism or crime; and, most importantly, even if the surveillance picks up communications of U.S. persons here… [read post]
26 Apr 2019, 3:59 am
” At Balkinization, Marty Lederman argues that “[b]y taking into consideration the fact that the undercount [caused by the addition of the question] would be the result of ‘unlawful’ action–and especially by going so far as to decisively discount the harm of the undercount for that reason–Ross acted arbitrarily and, especially, capriciously. [read post]
24 Sep 2024, 5:53 am
The PTC has taken an unusual step of inviting amicus briefs, which resulted in a flurry of submissions, including opposition to the arrest warrants by Germany, the United States (see Marty Lederman’s analysis of the U.S. legal objections), and others. [read post]
1 Apr 2010, 4:37 am
Of course, Kerr prefers somebody named Marty Lederman, whoever he is. [read post]
28 Jan 2012, 7:27 am
[Update: Marty Lederman correctly points out that section 2 has been read to give Congress broad powers to remedy private racial and national origin discrimination, but the point is that section 2 would bestow even broader powers if section 1 had been read in the way that we normally read section 1 of the Fourteenth Amendment--or many other portions of the Bill of Rights. [read post]
18 Jun 2014, 5:09 am
Other commentary on SBA List comes from Rick Hasen at his Election Law Blog, who contends that the decision is the “right result here: as I’ve written, getting a probable cause determination against someone at the Ohio Elections Commission is a real injury which has serious political consequences”; from Noah Feldman, who in his column for Bloomberg View suggests that the Court’s unanimity in the case reflects “the gradual erosion of laws regulating speech during… [read post]
14 Jun 2007, 7:39 am
Marty Lederman’s recent postings at Balkinization discussing decisions of two commission military judges and the striking 4th Circuit ruling are provocative in this regard. [read post]
5 Nov 2013, 4:56 am
Commentary on the case comes from Marty Lederman at Balkinization and Tom Donnelly at the Constitutional Accountability Center’s Text and History Blog. [read post]
19 Mar 2007, 3:47 pm
Des Moines School District As blog colleague Marty Lederman has pointed out in the post below, a sweeping exception to Tinker had the visible support Monday of only Chief Justice John G. [read post]
15 Feb 2012, 10:14 am
Marty Lederman, then a law professor but later a lawyer for the Obama administration, explained the 2008 amendments like this: The new statute permits the NSA to intercept phone calls and e-mails between the U.S. and a foreign location, without making any showing to a court and without judicial oversight, whether or not the communication has anything to do with al Qaeda — indeed, even if there is no evidence that the communication has anything to do with terrorism, or… [read post]
8 Sep 2008, 4:26 pm
(This, of course, is the subject of David Barron's and Marty Lederman's book-length articles in The Harvard Law Review, "The Commander in Chief at the Lowest Ebb," 121 Harv. [read post]
24 Jun 2008, 11:11 pm
Marty Lederman, also blogging at Balkinization, asks why the administration is in such a hurry to get this passed into law, given its already wide spying powers. [read post]
27 Jul 2007, 5:53 pm
Marty Lederman has a guess, too. [read post]
3 Nov 2011, 1:58 pm
Follow this link for an interesting commentary by SCOTUSblog guest blogger and Georgetown Law professor Marty Lederman on the Golan oral argument, and here for SCOTUSblog’s additional overview of the lawsuit. [read post]
