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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

Colorado isn’t even trying to prevent Colorado’s presidential electors from casting their electoral votes for Donald Trump if he wins the popular vote in Colorado in November, nor (as I’ve explained earlier) has it asserted any state law authority to exclude Trump from the Colorado general election ballot (something that Colorado law does not appear to authorize). [read post]

Balkinization - http://balkin.blogspot.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/

:@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

The Positions Clause [1] employs the catch-all term “office, civil or military, under the United States,” whereas the Officials Clause [2] uses the catch-all term “officer of the United States. [read post]

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

Immigration Is Not an “Invasion” under the Constitution

29 Jan 2024, 10:46 am by Frank O. Bowman, III

What would their powers be over the commander of the military, but for the virtue of the commander? [read post]

Just Security - https://www.justsecurity.org/

Battle Bots: Robotic “Companions” Are Testing the Scope of Privacy and Sexual Freedom

29 Jan 2024, 5:00 am by jonathanturley

In 2002, in Ashcroft v. [read post]

Jonathan Turley - https://jonathanturley.org/

[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution

27 Jan 2024, 7:54 pm by Josh Blackman

See John Randolph Tucker, General Amnesty, 126 N. [read post]

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

US Senator releases letter alleging NSA buys personal data without warrant

26 Jan 2024, 5:29 pm by David DeNotaris | U. Pittsburgh School of Law, US

Paul Nakasone, four-star general and commander of the US Cyber Command, also wrote to Senator Wyden about the NSA’s practices with commercially available information (CAI). [read post]

JURIST - Paper Chase - https://www.jurist.org/news/

[Stephen Halbrook] Second Amendment Roundup: Agency "Guidance," Interpretive Regulations, and Chevron

25 Jan 2024, 6:55 pm by Stephen Halbrook

Itself a prolific issuer of guidance documents, the United States filed an amicus curiae brief in support of neither party. [read post]

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

International Courts as the Last Hope for Humanity

24 Jan 2024, 6:00 am by Chile Eboe-Osuji

Germany, the U.K., and the United States notably belong to the latter camp. [read post]

Just Security - https://www.justsecurity.org/

Early Edition: January 23, 2024

23 Jan 2024, 4:38 am by Beatrice Yahia

Naval Forces Central Command said. [read post]

Just Security - https://www.justsecurity.org/

[Eugene Volokh] Ideologically Mixed Amicus Brief Stresses Need for S. Ct. to Resolve Merits of the Trump Disqualification Case

19 Jan 2024, 8:53 am by Eugene Volokh

Mata v. [read post]

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

2023 Internet Law Year-in-Review

18 Jan 2024, 8:35 am by Eric Goldman

Then, in Liapes v. [read post]

Technology & Marketing Law Blog - http://blog.ericgoldman.org/

The Important Statutory Sections Ignored by the Parties in Loper Bright and Relentless, by John F. Duffy

17 Jan 2024, 5:04 am by Guest Author

” How then is it possible that the Department of Commerce in these cases received Chevron deference given that the modern caselaw on Chevron—in particular, United States v. [read post]

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

South Africa vs. Israel at the International Court of Justice: A Battle Over Issue-Framing and the Request to Suspend the War

16 Jan 2024, 8:05 am by Yuval Shany

For example, in the Bosnia v. [read post]

Just Security - https://www.justsecurity.org/

Insurrections in the Nineteenth Century: Real and Imagined

16 Jan 2024, 5:45 am by Mark Graber

The Brandenburg v. [read post]

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

[Eugene Volokh] New Univ. of Texas Law Class on "Understanding Conservative Legal Thought"

9 Jan 2024, 12:05 pm by Eugene Volokh

United States, 139 S. [read post]