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19 Aug 2020, 11:30 am
Class 2: Foundational Cases on Constitutional Structure (8/19/20) The Necessary and Proper Clause (115-116) McCulloch v. [read post]
28 Aug 2020, 10:23 pm
[And what a way to welcome a new colleague: an opinion stating that she was appointed illegally!] [read post]
28 Jul 2020, 10:26 pm
[DHS Secretary Wolf Withdrew the 2017 Dukes Memorandum and the 2018 Nielsen Memorandum. [read post]
5 Dec 2021, 7:52 am
[The court did not decide if all jury verdicts from that court are now subject to review.] [read post]
3 Jun 2021, 4:30 am
[124 pages will take you from the onset of the pandemic through Tandom v. [read post]
7 Feb 2018, 8:26 am
Throughout the Emoluments Clauses litigation (See Parts 1, 2, 3, 4, and 5), we have made three primary arguments in amicus briefs filed with federal district courts in New York, the District of Columbia, and Maryland: (i) that the payments at issue are not "emoluments"; (ii) that the President is not bound by the Foreign Emoluments Clause and its "Office . . . under [the United States]" language; and (iii) the complaints were each filed against the President exclusively in his… [read post]
26 Jun 2020, 2:03 pm
[The steel mill owners had a concrete, property interest that was impaired by the government's actions. [read post]
23 Nov 2020, 5:30 am
[The answer is not FDR.] [read post]
18 May 2023, 6:43 am
[Seth Barrett Tillman and I discuss whether the President is an "Officer of the United States" for purposes of the federal officer removal statute.] [read post]
7 May 2020, 11:09 am
["When the executive branch concedes a ruling that will effectively result in compelled legislative appropriations and court supervision and control of the public-school system, the legislative branch’s exercise of its core appropriation function has been 'completely nullified.'"] Two weeks ago, I blogged about Gary et al v. [read post]
4 Oct 2019, 4:00 am
[DOJ’s Schrödinger’s Briefs in the Emoluments Clauses litigation are in tension with a 2009 OLC Opinion] [This post is co-authored with Seth Barrett Tillman] In a recent post, we explained that the Congressional Research Service ("CRS") has shifted its position concerning the Foreign Emoluments Clause. [read post]
3 Oct 2021, 1:41 pm
[Forthcoming in the NYU Journal of Law & Liberty] Judge Stras has posted to SSRN his new article, which is forthcoming in the NYU Journal of Law & Liberty. [read post]
9 Nov 2021, 8:00 am
[An excerpt from Greenhouse's new book, Justice on the Brink] Noah Feldman, who has been getting a lot of play recently in the New York Times, reviewed Linda Greenhouse's new book, Justice on the Brink. [read post]
3 Aug 2020, 8:01 am
[Here are five steps Chief Justice Roberts can take to bring the Court back in order. [read post]
30 Jul 2020, 4:33 pm
[Roberts, Alito, Gorsuch, and Kavanaugh concurred in the grant of the stay. [read post]
[Josh Blackman] Did Justice Kagan place a "new gloss" on the Court's personal jurisdiction case law?
26 Mar 2021, 6:02 am
[Justice Alito thinks so. [read post]
13 Oct 2020, 1:19 pm
["Why should I say someone else should do the difficulty if the difficulty is the only reason to say no. [read post]
19 Feb 2020, 6:53 am
["If Trump has the power to nullify a sentence after it has been imposed, he also has the far less significant power to inveigh against the severity of a sentence in advance. [read post]
22 Oct 2020, 6:00 am
[The Wilson appointee presided over the sedition trial of Eugene Debs and declared unconstitutional the Village of Euclid's zoning code ] Most District Court judges can spend their entire careers without the Supreme Court reviewing one of their decisions. [read post]
15 Jun 2024, 8:05 pm
[I expect Justice Barrett will exhibit her buyer’s remorse of Bruen in Rahimi.] [read post]
