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6 Mar 2024, 7:16 am
So six justices, Chief Justice Roberts, Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett all agreed with heart of the reasoning in the per curiam opinion. [read post]
5 Mar 2024, 12:08 pm
Thomas Jefferson’s Birthday, April 13, was established in 1937 to celebrate the founding father and third U.S. [read post]
4 Mar 2024, 1:19 am
On 27 February 2024, judgment on meaning was handed down by Lewis J in the long-running litigation between the Dyson Group companies and the broadcasters Channel 4 and ITN, Dyson Technology Ltd & Anor v Channel Four Television Corporation & Anor [2024] EWHC 400 (KB). [read post]
28 Feb 2024, 12:41 pm
Justice Clarence Thomas, for example, pressed Deputy U.S. [read post]
27 Feb 2024, 5:50 am
Editor’s note: This article is part of Just Security‘s series on reparation mechanisms in the context of Russia’s war against Ukraine. [read post]
24 Feb 2024, 6:30 am
For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Edward A. [read post]
23 Feb 2024, 9:25 am
February 23, 2024 | By: Thomas Dunlap The Supreme Court’s decision to grant certiorari in Wendy Smith et al. v. [read post]
21 Feb 2024, 7:00 am
For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Thomas P. [read post]
19 Feb 2024, 8:57 am
The most important such officer, of course, was the President of the United States, and the “otherwise provided for” caveat was used from the very beginning of the convention to acknowledge that while the President would be appointed by whatever mechanism the delegates eventually decided upon, the power to appoint other officers would likely be vested in the President himself. [read post]
15 Feb 2024, 11:45 am
first appeared on Thomas W Galvani, PC. [read post]
14 Feb 2024, 3:05 pm
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of Trump’s counsel, Jonathan Mitchell at the oral argument; (ii) the Chief Justice’s question about why Congress repealed its 1870-enacted enforcement mechanisms in the Twentieth Century; (iii) Justice Gorsuch’s questions about the source of a state’s power to exclude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
These provide a useful mechanism for organizing my brief excursion into the complexities of Chinese political legalities related to AI. [read post]
11 Feb 2024, 5:00 pm
Similarly, writing last month on Notice & Comment, Cato Institution fellow Thomas Berry argued that “forcing every platform to use identical viewpoint-neutral moderation rules would be a profound infringement on the editorial freedom that has produced a range of social media experiences” and that “[b]eing forced to carry, support, or subsidize speech that one opposes is itself a First Amendment injury. [read post]
9 Feb 2024, 3:48 pm
You're suggesting there may be a barrier under the Constitution to a state legislating an enforcement mechanism for Section 3 specific to federal officers. [read post]
31 Jan 2024, 6:22 am
As Thomas Merrill has noted, “[a]dministrative rulemaking, at least in its modern guise, is subject to a much more unyielding set of procedural requirements” than legislative statute-making. [read post]
30 Jan 2024, 5:58 am
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, 9:05 pm
Thomas McCarthy Trustee Chair in Law and Political Science at USC Gould School of Law. [read post]
27 Jan 2024, 7:54 pm
[Their amicus brief endorses the view that members of state legislatures are officers. [read post]
13 Jan 2024, 7:28 pm
Thomas W. [read post]
9 Jan 2024, 9:01 pm
[A new source in the debate over Section 3 of the Fourteenth Amendment.] [read post]