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18 May 2016, 6:10 am by Amy Howe
  Commentary comes from The Citizen’s Guide to the Supreme Court (in a podcast), Margaret Drew at the Human Rights at Home Blog, Ilya Shapiro at Cato at Liberty, and Marty Lederman at Balkinization. [read post]
29 Mar 2010, 7:40 am by Brad Wendel
  Center-left legal critics of the Bush administration, including well known commentators like David Luban, Scott Horton, and Marty Lederman, face what I would call the "Jackson problem. [read post]
24 Apr 2012, 3:48 pm by Deborah Pearlstein
Despite this, Marty Lederman and the Times’ own Andrew Rosenthal and I all independently seemed to read the piece in much the same way – i.e. as suggesting that there was something comparable in Bush’s embrace of executive power and Obama’s, and that this might have something to do with national security. [read post]
1 Mar 2014, 7:00 am by Yishai Schwartz
Onto drones: Jack flagged a Just Security post from Marty Lederman critiquing an AP account of US drone usage and carefully parsing the covert action statute. [read post]
28 Jan 2012, 7:27 am by JB
[Update: Marty Lederman correctly points out that section 2 has been read to give Congress broad powers to remedy private racial and national origin discrimination, but the point is that section 2 would bestow even broader powers if section 1 had been read in the way that we normally read section 1 of the Fourteenth Amendment--or many other portions of the Bill of Rights. [read post]
19 Dec 2013, 3:00 am by Robert Chesney
  [UPDATE:  Marty Lederman has a good post here pointing out that there is an interesting question as to what the available charge(s) might be in a military commission, among other things.] [read post]
16 Jun 2017, 4:38 am by Edith Roberts
” At Just Security, Marty Lederman explains “why, in light of the Ninth Circuit’s decision on Monday, there’s no good reason for the Court to grant any of the government’s petitions or applications. [read post]
3 Nov 2011, 1:58 pm
Follow this link for an interesting commentary by SCOTUSblog guest blogger and Georgetown Law professor Marty Lederman on the Golan oral argument, and here  for SCOTUSblog’s additional overview of the lawsuit. [read post]
25 Mar 2012, 7:01 pm by Guest Blogger
The Solicitor General’s reply brief makes this plain (see especially pp. 6-7 and 14-15), as does Marty Lederman’s recent post here at Balkinization (see especially Part IV.c and elsewhere). [read post]
14 Jun 2007, 7:39 am
Marty Lederman’s recent postings at Balkinization discussing decisions of two commission military judges and the striking 4th Circuit ruling are provocative in this regard. [read post]
14 Nov 2013, 5:40 pm by Benjamin Wittes
Marty Lederman summarizes it well over at Just Security: The court of appeals concluded that the four charges in question were fully supported by evidence relating to an incident that occurred before Mehanna’s Internet activities — namely, his travel to Yemen in 2004, where he unsuccessfully searched for a jihadist training camp at which he could learn how to fight against the U.S. in Iraq. [read post]
26 Apr 2019, 3:59 am by Edith Roberts
” At Balkinization, Marty Lederman argues that “[b]y taking into consideration the fact that the undercount [caused by the addition of the question] would be the result of ‘unlawful’ action–and especially by going so far as to decisively discount the harm of the undercount for that reason–Ross acted arbitrarily and, especially, capriciously. [read post]
15 Jul 2016, 6:55 am by Amy Howe
  Coverage comes from Mark Walsh for Education Week, while at Balkinization Marty Lederman focuses on what he describes as “one important part of the Board’s application to the Court–namely, its conspicuous failure to explain how the district court’s injunction will harm the Board, or anyone else. [read post]
6 Sep 2013, 7:45 am by Raffaela Wakeman
Jack Goldsmith, More on the UN Charter, Syria, and “Illegal but Legitimate” Ken Anderson, Five Fundamental International Law Approaches to the Legality of a Syria Intervention Jack Goldsmith, Marty Lederman on the President’s Syria Press Conference, and a Brief Response Jack Goldsmith, Two Important Implications from President’s Press Conference in Sweden Lauren Bateman, Recent Presidential Remarks on Syria Raffaela Wakeman, SFRC Approves Syria Authorization… [read post]
30 Dec 2007, 1:50 pm
(At a gathering this week in Baltimore, Marty Lederman pointed out to me the extremely interesting fact that the current use of the filibuster by Republicans in the Senate is, in some ways, irrelevant, because Bush could simply veto the objectionable legislation. [read post]
20 Feb 2011, 8:03 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]
21 Jan 2016, 6:18 am by Amy Howe
  At Balkinization, Marty Lederman and Neil Kinkopf focus on the Take Care Clause issue, while Nicholas Bagley discusses the Administrative Procedure Act issue. [read post]
13 Jun 2016, 2:57 am by Amy Howe
” At Balkinization, Marty Lederman continues his post on Muhammad Ali’s “legal travails . . . after he refused induction into military service in 1967–culminating in the Supreme Court’s 1971 ruling in his favor on the appeal of his criminal conviction. [read post]