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8 Jan 2019, 3:57 am by Edith Roberts
At Just Security, Marty Lederman considers the pending stay motions and petitions for certiorari before judgment in a group of challenges to the Trump administration’s ban on service in the military by most transgender people, in order “to highlight some interesting ways in which DOJ has recently tried to frame the merits of the case, and, more broadly, to unpack just what’s at stake in these challenges. [read post]
17 Apr 2015, 6:01 am by Jack Goldsmith
  Others have weighed in on this and other aspects of the speech – for example, Bobby here, and Marty Lederman here. [read post]
27 Feb 2015, 10:00 am by Robert Chesney
Last year’s agenda: Below is the agenda from last year’s event, which will give you at least a general sense of the structure we intend to follow for this year’s event: Thursday May 15th 0845-0945: Roundtable #1: Covert & Clandestine Activity Lead discussants: Bobby Chesney (UT) & Marty Lederman (Georgetown) 0945-1030: Paper #1: Intelligence Oversight Paper by Margo Schlanger (Michigan); Commentary by Shirin Sinnar (Stanford) 1030-1045: Coffee Break… [read post]
18 Dec 2019, 3:44 am by Edith Roberts
” At Balkinization, Marty Lederman remarks on how the briefing in a landmark 1926 Supreme Court case involving “whether Congress can give the Senate a role in the removal of an inferior officer” shows “how very different Supreme Court practice is today than it was a century ago. [read post]
26 Jun 2015, 2:39 am by Amy Howe
Commentary on yesterday’s decision in King comes from Laurence Tribe in The Boston Globe, Linda Greenhouse in The New York Times, Adam Zimmerman at PrawfsBlawg, Howard Wasserman at PrawfsBlawg, Richard Re at PrawfsBlawg, Jeremy Leaming at ACSblog, Richard Pierce at the George Washington Law Review’s On the Docket, Kent Scheidegger at Crime and Consequences, Leland Beck at the Federal Regulations Advisor, Lisa Keen of the Keen News Service, Joan Krause at Hamilton and Griffin on Rights,… [read post]
23 Jun 2014, 4:29 am by Amy Howe
  At the International Municipal Lawyers Association’s Appellate Practice Blog, Lisa Soronen weighs in with “the good, the bad, and the ugly” in the decision, while Marty Lederman – writing for this blog – examines a “fundamental constitutional principle not discussed” in the decision. [read post]
15 Nov 2011, 1:16 pm by Ritika Singh
And over at Balkinization, Marty Lederman has this post about President Obama’s response. [read post]
24 Apr 2014, 6:19 am by Amy Howe
At Just Security, Marty Lederman looks at Justice Breyer’s statement respecting the Court’s denial of review in the detainee case Hussain v. [read post]
26 Nov 2017, 8:23 pm by Jonathan H. Adler
Marty Lederman and Nina Mendelsohn believe the relevant statutory language makes English the Acting Director, at least until the President nominates (and the Senate confirms) a replacement. [read post]
24 Jan 2019, 4:14 am by Edith Roberts
At Just Security, Marty Lederman assesses the implications of Tuesday’s 5-4 decision “to stay two of the injunctions that district courts have imposed to bar implementation of the 2018 Mattis policy” barring service in the military by most transgender individuals. [read post]
3 Jun 2014, 12:36 pm
Today, Caitlin Hayden of the National Security Council issued a statement outlining a new legal rationale for the administration’s position (HT: Marty Lederman]. [read post]
26 Feb 2019, 4:03 am by Edith Roberts
Commentary comes from Jeremy Dys in an op-ed at Fox News, Andrew Seidel at Rewire.News, Thomas Ascik at National Review, and Marty Lederman at Balkinization. [read post]
20 Feb 2011, 8:51 am by Deborah Pearlstein
It felt a little like old home week with folks like Gene Fidell, Marty Lederman, Geremy Kamens (Hamdi’s defense counsel) and Ken Troccoli (Moussaoui’s defense counsel) in the audience. [read post]
16 Jul 2008, 5:55 am
  Check this out, Marty Lederman's smackdown at Eric Posner: With all respect, I think that post really is beyond the pale. [read post]
4 Apr 2007, 12:46 am
It is too early to assess the long-term impact of the certiorari denial and, as Marty Lederman points out in his excellent summary similar challenges are expected to reach the Court through DTA petitions. [read post]
14 Jun 2011, 4:04 pm by Stephen Griffin
" That's respected journalist Lou Cannon, in his biography of President Reagan.As David Barron and Marty Lederman have shown, this is wrong. [read post]
7 Apr 2020, 4:00 am by Edith Roberts
” At Balkinization, Marty Lederman unpacks the opinion, concluding that “the Supreme Court just stayed a provision of a district court preliminary injunction that does not exist, and in so doing imposed a restraint on the franchise of Wisconsin voters that Wisconsin law itself doesn’t require. [read post]
5 Aug 2007, 9:07 pm
As Marty Lederman noted, The key to understanding the FISA bill is that it will categorically exclude from FISA's requirements any and all "surveillance directed at a person reasonably believed to be located outside of the United States," even if the surveillance occurs in the U.S.; even if the surveillance has nothing whatsoever to do with Al Qaeda, terrorism or crime; and, most importantly, even if the surveillance picks up communications of U.S. persons here… [read post]
24 Jan 2009, 12:29 am
Likewise, VP Biden has taught as an adjunct at the University of Delaware for many years and in his role on the Senate Judiciary Committee dealt with the sorts of issues that excite legal academics.Then there's Elana Kagan as Solicitor General, assisted by Neal Katyal; there's Dawn Johnsen heading OLC, assisted by Marty Lederman and David Barron (either of whom would also have been plausible in the top spot); there's Cass Sunstein heading OIRA; and while Greg Craig… [read post]