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[Josh Blackman] A Response to Professor John Mikhail on "Officers of the United States"—Part II

22 Feb 2024, 2:04 pm by Josh Blackman

[The issues, arguments, and evidence raised by Mikhail have already been addressed by extant scholarship, including our scholarship. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Pour Me Another: The Supreme Court Revisits the ‘Bad Wine’ of the Copyright Discovery Rule

22 Feb 2024, 11:29 am by Dennis Crouch

”); and Rotkiske v. [read post]

Patently-O - https://patentlyo.com

[Eugene Volokh] Prof. Thomas Merrill on "Does Chevron Mandate Brand X?"

21 Feb 2024, 4:47 pm by Eugene Volokh

If the Court does not follow its own precedent, maybe no one else will either. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] A Response to John Mikhail on "Officers of the United States"—Part I

20 Feb 2024, 2:16 pm by Josh Blackman

For example, in Smith v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

A Reality Check on "Officers of the United States" at the Founding

19 Feb 2024, 8:57 am by John Mikhail

Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]

Balkinization - http://balkin.blogspot.com/

Social and Economic Legislation during the Taft Court

18 Feb 2024, 6:30 am by Guest Blogger

In the case of Adkins v. [read post]

Balkinization - http://balkin.blogspot.com/

Comments on Robert Post’s Supreme Court History of the Taft Court, Part IV, The Taft Court as an Institution

15 Feb 2024, 6:30 am by Guest Blogger

” What purpose does the language serve? [read post]

Balkinization - http://balkin.blogspot.com/

Myers, We Hardly Knew Ye?

14 Feb 2024, 3:30 am by Richard Murphy

” Seila Law LLC v. [read post]

JOTWELL - The Journal of Things We Like (Lots) - https://jotwell.com/

[Josh Blackman] Why Does The Phrase "Not Herein Otherwise Provided For" Appear In The Appointments Clause?

10 Feb 2024, 11:12 pm by Josh Blackman

During oral argument in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Oral Arguments in Trump v. Anderson Part II: Justice Jackson Gets "Office under the United States"

9 Feb 2024, 11:37 am by Josh Blackman

She was teeing up the Scalia line! [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Oral Arguments in Trump v. Anderson Part I: Justice Gorsuch Gets "Officers of the United States"

9 Feb 2024, 9:20 am by Josh Blackman

During oral argument in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Ascertainable Standards Found in the Staggers Rail Act of 1980, by Bernard S. Sharfman

9 Feb 2024, 7:24 am by Guest Author

., AFL-CIO v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

[Jonathan H. Adler] Climate Scientist Michael Mann Wins Defamation Suit Against Mark Steyn and Rand Simberg

9 Feb 2024, 6:06 am by Jonathan H. Adler

So, for example, in BMW of North America v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] A Reply to Peter Keisler and Richard Bernstein, and Michael Luttig, on Section 3

7 Feb 2024, 7:45 pm by Josh Blackman

And tomorrow, Thursday, the Supreme Court will hear oral argument in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

:@WilliamBaude: The Use and Misuse of Section Three's "Legislative History": Part II

6 Feb 2024, 7:20 am by Will Baude

For example, Lash, in discussing the question of ratifiers' views on "whether Section Three applied to future insurrections," states (at 45) that "[v]ery few ratifiers specifically addressed" the question, but those who did "came to different conclusions" on this point. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] In Trump v. Anderson, the Respondents' Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant's VP and Presidential Candidate George McGovern

4 Feb 2024, 1:01 pm by Josh Blackman

Fund v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

:@WilliamBaude: The Objection that Enforcing Section Three is "Undemocratic"

3 Feb 2024, 2:04 pm by Will Baude

As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

A User’s Guide to Trump v. Anderson, Part Four: Trump’s Argument That His Tenure as President Did Not Subject Him to Section 3 Because the President is Not an “Officer of the United States”

3 Feb 2024, 9:52 am by Marty Lederman

Supreme Court, however, Trump does not press the “under the United States” Positions Clause argument. [read post]