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7 Feb 2024, 4:30 am
That question in turn raises sub-questions, as discussed thoughtfully along with discussion of many of the other issues by Professor Marty Lederman in a multi-part series on Balkinization, which also includes helpful recent contributions from Professors Bruce Ackerman, Mark Graber, and Gerard Magliocca.(9) Intertwined with some of the foregoing questions, does the case present a nonjusticiable political question? [read post]
18 Jun 2020, 1:15 pm
ICYMI: Yesterday on Lawfare Jack Goldsmith and Marty Lederman assessed the U.S. government’s civil suit against former National Security Adviser John Bolton. [read post]
30 Nov 2015, 4:04 pm
Hat-tip to Marty Lederman of Just Security who so effectively flagged these provisions last week. [read post]
23 May 2019, 7:08 am
The argument drew disagreement from Benjamin Wittes, Andrew Kent and Marty Lederman, which in turn provoked a response by Josh Blackman, who holds views similar to mine. [read post]
22 Jun 2008, 2:16 pm
Where Mukasey (the judge in Padilla's case) erred was in going on to say that despite institutional competence, the President has the constitutional commission of making such calls.This paper reaches many of the same conclusions as David Barron's and Marty Lederman's magnum opus on "the commander in chief at the lowest ebb," available here and here. [read post]
18 Jul 2012, 11:21 am
It might be unfair to ask David Barron and Marty Lederman by name what they think about this, since they purportedly had a hand in this policy's development and justification (I think I read that somewhere but if I'm wrong, let me know and I'll fix it). [read post]
6 Oct 2011, 6:53 am
At this blog, Marty Lederman comments on the oral argument and the case generally, asking whether it isn’t “at least somewhat troubling for Congress to prohibit members of the public from expressing something tomorrow that they were free to express yesterday? [read post]
13 Apr 2016, 6:04 am
” And at Balkinization, Marty Lederman discusses whether, as Texas alleges, the DAPA policy “transforms unlawful conduct into lawful conduct. [read post]
9 Jul 2014, 5:55 am
Marty Lederman has a long post on Balkinization criticizing this portion of Hobby Lobby (which he calls “the one (potentially) momentous aspect of Hobby Lobby. [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]
20 Nov 2018, 3:48 am
” At Balkinization, Marty Lederman explains why one of the court’s newest cases for OT 2018, In re Department of Commerce, et al., a dispute arising out of a challenge to the administration’s decision to add a question about citizenship to the 2020 census, is “a very strange, almost inexplicable, grant. [read post]
3 Mar 2015, 3:36 am
Commentary comes from Marty Lederman at Balkinization, Jeffrey Toobin in The New Yorker, Nicholas Bagley in The New York Times, Robert Schlesinger at U.S. [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]
27 Jul 2007, 5:53 pm
Marty Lederman has a guess, too. [read post]
7 May 2014, 5:22 am
” The Constitutional Accountability Center has made the video from its recent “Home Stretch at the Supreme Court” event, which featured Dahlia Lithwick, Elizabeth Wydra, Erin Murphy, and Marty Lederman, available at its website. [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]
27 Nov 2019, 3:21 am
At Balkinization, Marty Lederman addresses “the importance of the … cases[,] the weakness of Trump’s constitutional arguments … and … what the Court is likely to do with those two cases. [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]
26 Jun 2007, 2:45 pm
" Second, the Washington Post has been running a series of revealing stories this week on the dominant role that Cheney has played in the Bush administration across a range of issues.For more on all of that, have a look at what our colleagues Jack Balkin and Marty Lederman have to say over at Balkinization. [read post]
25 Sep 2017, 4:14 am
” In two posts at Just Security, here and here, Marty Lederman takes a look at the new restrictions and their likely effect on the pending Supreme Court case. [read post]
