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28 Feb 2024, 7:46 am by Ben Sperry
  Thus, it is quite perplexing to see the embedded assumptions that Justices Thomas and Alito appear to be in questions like these: JUSTICE THOMAS: So I’m just trying to get more of a – more specificity as to what the speech is in this case. [read post]
21 Feb 2024, 4:47 am by Beatrice Yahia
“It will be a substantial package covering a range of different elements of the Russian defense industrial base, and sources of revenue for the Russian economy that power Russia’s war machine, that power Russia’s aggression and that power Russia’s repression,” national security adviser Jake Sullivan said yesterday. [read post]
19 Feb 2024, 8:57 am by John Mikhail
That language appears there because the Framers understood at the outset of the Philadelphia convention that some Offices and Officers of the United States would be designed by the Framers themselves and have powers vested by the Constitution itself, whereas others would be created by statutes and have powers delegated by Congress. [read post]
15 Feb 2024, 3:33 pm by Marty Lederman
  This was the point of Justice Thomas’ very first question to Jason Murray, and it was a recurring theme throughout the argument. [read post]
14 Feb 2024, 3:05 pm by Marty Lederman
 In this post, I’ll address four things:  (i) The unusual and, in some respects, questionable strategies of Trump’s counsel, Jonathan Mitchell at the oral argument; (ii) the Chief Justice’s question about why Congress repealed its 1870-enacted enforcement mechanisms in the Twentieth Century; (iii) Justice Gorsuch’s questions about the source of a state’s power to exclude insurrectionists from a ballot in a federal election;… [read post]
11 Feb 2024, 6:56 pm
  In the process I hope to provide a glimpse into the semiotics of knowing and judging, of evaluating things, through the distillation of meaning from signs and symbols, like the relative power of AI innovation and management as a function of public power, is shaped by the way a society invests signs and symbols (for example the Chinese AI regulatory complex) with a meaning that can make sense only when judged against the ordering premises and meaning with which the observer… [read post]
10 Feb 2024, 4:16 am by Rob Robinson
This round, led by ML Capital and featuring contributions from Davidovs Venture Collective fund and Thomas Wolf, co-founder of Hugging Face, marks a significant milestone in the Washington-based startup’s journey. [read post]
8 Feb 2024, 9:44 am by Marty Lederman
  See Term Limits, 514 U.S. at 925 (Thomas, J., dissenting) (“I do not mean to suggest that States have unbridled power to handicap particular classes of candidates, even when those candidates enjoy federally conferred advantages that may threaten to skew the electoral process. [read post]
7 Feb 2024, 9:35 am by fjhinojosa
Chiappinelli’s article The Myth of Director Consent: After Shaffer, Beyond Nicastro is cited in the following article: Megan M. [read post]
30 Jan 2024, 5:58 am by Richard Gowan
Linda Thomas-Greenfield, Biden’s well-liked ambassador to the U.N., has lobbied the White House not to block humanitarian initiatives in the Security Council. [read post]
28 Jan 2024, 8:49 pm by Marty Lederman
  Although those plaintiffs lack any power to prevent Trump from serving as President (as does the State of Colorado), they claim that his alleged ineligibility has an incidental effect under Colorado law—namely, that it requires the Secretary of State not to include Trump’s name on the Republican party ballot in connection with the Colorado presidential primary election and (potentially) the Colorado general election ballot in November. [read post]
28 Jan 2024, 4:48 pm by Daphne Keller
Clarence Thomas has been the most outspoken on relevant topics, strongly expressing concerns about major platforms’ power over public discourse. [read post]
25 Jan 2024, 6:55 pm by Stephen Halbrook
  Like Captain Renault in Casablanca, I'm shocked, shocked to find that ATF is not arguing for deference. [read post]