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7 Feb 2024, 7:47 pm
A Reply to Peter Keisler and Richard Bernstein, and Michael Luttig, on Section 3 (2/7/24). [read post]
7 Feb 2024, 7:45 pm
[This post is co-authored with Professor Seth Barrett Tillman] Michael Luttig, who served on the U.S. [read post]
27 Jan 2024, 7:54 pm
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
25 Jan 2024, 5:01 am
Justice Barrett pointed out, however, that any prior decision upholding an agency interpretation at step two would be vulnerable to being relitigated if Chevron were overruled, because claimants could ask for a different outcome based on a court's determination of the best understanding of the statute. [read post]
23 Jan 2024, 8:53 am
Justice Alito authored the majority opinion and was joined by justices Thomas, Gorsuch, Barrett, and Roberts. [read post]
18 Jan 2024, 11:11 pm
[This post is co-authored with Professor Seth Barrett Tillman] Trump v. [read post]
12 Jan 2024, 9:30 pm
"Over at Lawfare, Michael Ramsey and Matthew Waxman have a post on the history of constitutional debates and practice of delegating Congressional war power to the President. [read post]
11 Jan 2024, 7:38 am
James Heilpern and Michael Worthy have a terrific piece on SSRN that geometrically expands the number of commentators and commentary from 1866 to 1868 that treats the president as an officer of the United States for Section 3 purposes. [read post]
10 Jan 2024, 5:42 pm
James Heilpern and Michael Worthy have a terrific piece on SSRN that geometrically expands the number of commentators and commentary from 1866 to 1868 that treats the president as an officer of the United States for Section 3 purposes. [read post]
10 Jan 2024, 1:27 am
Barrett Jr. [read post]
9 Jan 2024, 9:01 pm
[This post is co-authored with Professor Seth Barrett Tillman] In our view, the phrase "Officers of the United States" does not refer to the President. [read post]
9 Jan 2024, 12:05 pm
Ct. 2355, 2376–84 (2023) (Barrett, J., concurring). [read post]
4 Jan 2024, 12:50 pm
Worley] [This post is co-authored with Seth Barrett Tillman] Recently, James Heilpern and Michael T. [read post]
3 Jan 2024, 7:09 am
, The Guardian (Dec. 29, 2023) Judge Luttig: Trump eligibility case ‘tests America’s commitment to its own democracy’, MSNBC (Dec. 23, 2023) Adam Liptak, An About-Face on Whether the 14th Amendment Bars Trump From Office, New York Times (Sept. 18, 2023) Noah Feldman, Alas, Trump Is Still Eligible to Run for Office, Bloomberg (Aug. 20, 2023) Baude, William and Paulsen, Michael Stokes, The Sweep and Force of Section Three (August 9, 2023). [read post]
29 Dec 2023, 9:32 am
Judge Michael McConnell was kind enough to host me at his home for a lovely dinner. [read post]
23 Dec 2023, 7:16 pm
“Know then thyself, presume not God to scan; The proper study of Mankind is Man. [read post]
21 Dec 2023, 9:02 pm
Indeed, one imagines that Trump’s appointees—Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—would be especially uncomfortable about being seen as doing a favor for the man who put them where they are. [read post]
15 Dec 2023, 3:00 am
Trial MSN – Devlin Barrett, Perry Stein, Robert Barnes, and Rachel Weiner (Washington Post) | Published: 12/11/2023 The U.S. [read post]
8 Dec 2023, 3:00 am
Pro-DeSantis Super PAC Fires CEO Amid Turmoil MSN – Michael Scherer and Hannah Knowles (Washington Post) | Published: 12/3/2023 Never Back Down, a super PAC that has overseen much of Ron DeSantis’s presidential operation, fired its chief executive officer less than two weeks after the previous chief executive resigned. [read post]
7 Dec 2023, 12:41 pm
[This post is co-authored with Professor Seth Barrett Tillman]. [read post]
