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28 May 2015, 9:00 am
” Commentary comes from Noah Feldman at Bloomberg View, where he suggests that the Court’s decision “will affect the nature of American democracy for generations to come”; from Seth Lipsky, who in the New York Post similarly suggests that the case could “ignite an earthquake in American politics”; from Joey Fishkin, who at Balkinization argues that the case “comes at the law in a kind of funhouse-mirror reverse, aiming to destroy in Equal… [read post]
27 Apr 2018, 4:26 am
” At Balkinization, Marty Lederman explains “why this is not a case in which the courts are being asked, as Justice Kennedy put it, to review a presidential judgment about ‘whether or not there is … a national exigency. [read post]
25 Feb 2007, 10:35 pm
(Marty Lederman also makes this point in his account of the decision). [read post]
24 Jul 2018, 4:39 am
” At Balkinization, Marty Lederman explains why “[t]he most striking thing about Justice Alito’s majority opinion” in Janus v. [read post]
28 Nov 2017, 2:43 am
Marty Lederman notes in Balkanization that, “The fairly straightforward argument on the other side—and it’s a fairly compelling one—is that the later-in-time Congress spoke unequivocally in 2010, providing that the Deputy Director ‘shall serve’ as acting Director. [read post]
6 Mar 2015, 7:18 am
” At Balkinization, Marty Lederman discusses and addresses Justice Kennedy’s concerns about coercion, while elsewhere at Balkinization, Brianne Gorod suggests that, “[a]lthough most of the questions that Justice Alito asked were critical of the government’s position, one actually helps demonstrate why the government should prevail. [read post]
22 Apr 2016, 7:57 am
” At Balkinization, Marty Lederman contends that “the supplemental briefing has significantly weakened the petitioners’ efforts to show that the government’s accommodation substantially burdens their religious exercise. [read post]
19 Jun 2008, 9:16 pm
For more on the complexities of the Santos case, see Marty Lederman’s post here. [read post]
24 Aug 2006, 7:29 am
., Stephen Bainbridge at [www.professorbainbridge.com], Orin Kerr at [volokh.com], Marty Lederman at [balkin.blogspot.com], and Eugene Volokh at [volokh.com]. [read post]
25 Jul 2011, 11:01 am
("Moderates" like myself believe that Section 4 of the Fourteenth Amendment could provide such authority, though Laurence Tribe, Marty Lederman, and Jack Balkin all provide good arguments as to why those arguments are weak)But consider the story du jour, which is that John Boehner is threatening to pass a House bill to extend the debt limit, though only until next year, with attendant spending cuts and no tax increases, and basically daring the Senate and the President… [read post]
24 Jun 2008, 6:03 pm
Jack Goldsmith is one example, and Marty Lederman had an excellent post a couple of days ago on Dan Levin, another lawyer in the Office of Legal Counsel who refused to provide legal cover for the Bush administration's torture policies. [read post]
11 May 2008, 6:53 pm
" Hopefully this will become an important bi-partisan issue to the Republican policy committee too. ...In a post on the Balkanization Blog, Marty Lederman discusses : The Military Commission Decision Disqualifying the Legal Adviser, Brig. [read post]
28 Jun 2017, 3:59 am
Commentary comes from Marty Lederman at Just Security, Alex Aleinikoff at ForcedMigrationForum, Ilya Somin at The Washington Post’s Volokh Conspiracy blog, the editorial board of The New York Times, Will Baude at PrawfsBlawg, Michael Dorf at Justia’s Verdict blog, Moustafa Bayoumi in The Guardian, Daniel Hemel at Take Care, Amir Ali, also at Take Care, Corey Brettschneider in an op-ed in The New York Times, Stephen Sachs at PrawfsBlawg, and Ciara Torres-Spelliscy at the… [read post]
5 Jun 2007, 3:10 pm
" Commentators mused about Twombly's impact: our own Marty Lederman queried here whether Twombly "signal[ed] the rejection of notice pleading" altogether, Scott Dodson raised the prospect that "the Court [was] saying that Rule 8 requires ‘notice-plus' pleading"; and Michael Dorf described a "rough consensus" "that there's no way to understand the decision if it doesn't apply a… [read post]
3 Jul 2015, 5:54 am
MoloLamken analyzes the Court’s business docket, while at Slate, Marty Lederman discusses some of the Term’s biggest surprises. [read post]
1 Mar 2013, 6:15 am
At this blog, Marty Lederman covers the states’ brief in Windsor as well as the amicus brief filed by the state of California in Hollingsworth , which opposes Proposition 8 on both justiciability and substantive grounds. [read post]
16 Feb 2007, 3:50 am
David Barron and our own Marty Lederman, by any reckoning two of the ablest lawyers in the entire country, are currently working on what promises to be a seminal article/problem on the problem. [read post]
19 Apr 2017, 4:38 am
At Balkinization, Marty Lederman explains why he is “doubtful” about “the merits of the letters’ argument that the case is not moot. [read post]
31 Mar 2014, 10:49 am
More recently, though, Ohio officials – in an unusual move that Marty Lederman chronicled for this blog – took divergent approaches to the law and filed two separate briefs. [read post]
14 May 2008, 7:49 pm
At the same time Marty Lederman at Balkinization gives us the skinny on the Army's new interrogation manual, and how the administration's proposed legislation may give a pass to the CIA.Back at National Security Advisors Professor Chesney then follows up with a great wrap-up of posts and analysis related to Terrorism Prosecution Statistics. [read post]
