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A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:35 pm by Marty Lederman
Term Limits v. [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of Appointment that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:02 pm by Marty Lederman
Term Limits v. [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Six: The Two “Off-Ramp” Arguments Based Upon In re Griffin’s Case that Would Allow the Supreme Court to Avoid Deciding Whether Trump is Eligible to be President
6 Feb 2024, 3:36 pm by Marty Lederman
Cas. at 26.In his opening brief, Donald Trump appeared to preserve this argument, though just barely:  He didn’t devote any space to it.[1]  His reply brief does even less with it than that, offering only the ambiguous sentence “that section 3 may be enforced only though the congressionally enacted methods of enforcement,” without even arguing that Chief Justice Chase got it right in Griffin’s Case. [read post]
Balkinization - http://balkin.blogspot.com/
The Intersubjectivity of Plausibility/Causation/Perspective: Interim Measures Order on the Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) With Text of Order, and the Declaratons, Separate and Dissenting Opinions
27 Jan 2024, 2:29 pm
(Marko Milanovic, ICJ Indicates Provisional Measures in South Africa v. [read post]
Law at the End of the Day - https://lcbackerblog.blogspot.com/
over dissent, 6th Circuit holds that large player in fragmented market could show proximate cause under Lexmark
17 Jan 2024, 11:11 am by Rebecca Tushnet
Campfield v. [read post]
43(B)log - http://tushnet.blogspot.com/
The NCAA May Pay a Healthy Sum to Student Athletes
8 Jan 2024, 5:00 am by Bobby Stroup
By 1906, the Intercollegiate Athletic Association of the United States (IAAUS) was born. [read post]
Bill of Health - https://blog.petrieflom.law.harvard.edu/
[Josh Blackman] A New, Rushed, Flawed Article In The Section 3 Debate
4 Jan 2024, 12:50 pm by Josh Blackman
We cite the corpus linguistics amicus brief written by James Heilpern in Lucia v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Michael Cohen loses Bivens claim against Trump and other constitutional retaliators
2 Jan 2024, 8:52 am by Second Circuit Civil Rights Blog
Cohen sues a former President, a former Attorney General of the United States, FCI Otisville’s warden, and officers and agents of the BOP and the PTS. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Trial Lawyers Beware: Federal Discovery Deadlines are Actually 30 to 40 Days Earlier
29 Dec 2023, 4:00 am by Offit Kurman
In United States ex rel. [read post]
New Jersey Property Management Blog - https://www.offitkurman.com/resources/legal-blog/
An Originalism Scorecard Since Justice Barrett Arrived on the Court: Living Constitutionalism is Way Ahead
20 Dec 2023, 4:00 am by Eric Segall
Collins is a continuation of aggressive, formalist opinions by the Roberts Court on separation of powers issues, striking down numerous agency arrangements with barely a nod to originalist sources.In United States v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
The GSRA Would Undermine the Utility of FISA Section 702
11 Dec 2023, 5:55 am by George Croner
Those who coined the term “backdoor search” point to a 2019 decision (pp. 68-79), United States v. [read post]
Just Security - https://www.justsecurity.org/
“Must Stop Immediately”: United Nations Declares UNRWA Terrorism Story “Misinformation”
5 Dec 2023, 4:21 am by jonathanturley
In the United States, truth would remain a defense for the media. [read post]
Jonathan Turley - https://jonathanturley.org/
“Woke” Capitalism and Its Dissidents: Legal Strategies to Counter Anti-ESG Laws
1 Dec 2023, 10:14 am by Robin Happel
As the world’s first binding treaty to explicitly protect environmental defenders, the Escazu Agreement was a turning point – although, notably, the United States and many other countries are not signatories. [read post]
Pace Environmental Law Review Blog - https://pelr.blogs.pace.edu/
Early Edition: November 28, 2023
28 Nov 2023, 4:58 am by Beatrice Yahia
Secretary of State Antony Blinken will visit Israel, the United Arab Emirates, and the West Bank this week, the U.S. [read post]
Just Security - https://www.justsecurity.org/
Five Second Circuit Judges Dissent From Denial Of Rehearing En Banc On Whether RICO Predicate Offenses Must Be Factually Set Forth In The Indictment.
30 Oct 2023, 1:49 pm by Colleen Cassidy
In United States v. [read post]
Federal Defenders of New York Blog - http://blog.federaldefendersny.org/
Deference for Me, But Not for Thee: State Inconsistency on Administrative Deference, by  Michael I. Lurie and Michela Petrosino
30 Oct 2023, 6:16 am by Jacob Wirz
In the amicus brief, which was filed with the United States Supreme Court in Loper Bright Enterprises v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
The SCOTUS Amicus Brief Mike Johnson Spearheaded in the 2020 Post-Election Litigation
30 Oct 2023, 4:00 am by Michael C. Dorf
See Leser v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
[Sasha Volokh] Taxing Nudity: Discriminatory Taxes, Secondary Effects, and Tiers of Scrutiny—part 3 in a series
17 Oct 2023, 9:23 am by Sasha Volokh
Or would the tax authorities, rather, assume that even a bare reference to nude dancing refers only to erotic dancing establishments? [read post]
The Volokh Conspiracy - http://www.volokh.com/
News You Can Use Digest – October 13, 2023
13 Oct 2023, 4:00 am by Jim Sedor
But with new management in recent years, it has been stripping its operations to the bare bones. [read post]
Lobby Comply Blog - https://stateandfed.com/lobbycomply/feed
[Stephen Halbrook] Second Amendment Roundup: Fusillade of Amicus Briefs Filed in Rahimi
9 Oct 2023, 6:55 pm by Stephen Halbrook
Meanwhile, the United States has filed a cert. petition in Garland v. [read post]
The Volokh Conspiracy - http://www.volokh.com/