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31 May 2019, 6:00 am by Guest Blogger
”Apart from this activist mutation in conservative constitutional ideology, the NFIB dissent marks another, even more consequential tectonic shift: formal acceptance, at the highest level, of a hard understanding that, to be counted as a member in good standing of the current conservative elite legal guild, a judge must be ready to twist the law to further nakedly political priorities and interests of conservatives, i.e., of Republicans. [read post]
2 Jul 2018, 4:07 am by Marty Lederman
   The majority’s resolution is especially unfortunate because this is a case in which the Court’s conclusion—that the President conceivablymight have promulgated the Travel Ban for independent reasons of national security—is belied by a fundamental thing that virtually everyone knows (and that the Court does not deny): namely, that the Travel Ban would not exist but for its foreseeable effect in excluding Muslims from entry, and the fact that it makes… [read post]
7 May 2016, 8:25 am
Presidential candidate Donald Trump has become notorious in 2016 for his plan to build a physical barrier to stem the flow of people from out of the Mexican Republic into the United States (see, e.g., here).Yet the efforts of the United States might be better understood within a regional perspective. [read post]
9 May 2024, 11:30 am by Guest Blogger
   Most Black users, like users of other races, have the good sense to indulge in private spaces, usually far from the prying eyes of law enforcement. [read post]
18 Jun 2020, 6:38 am by Linda McClain
He first observes that “the religious and philosophical objections to gay marriage are protected views,” but he affirms the “general rule” that “such objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law. [read post]
20 Jan 2021, 11:02 am
__________Farewell Remarks: Donald TrumpMy fellow Americans: Four years ago, we launched a great national effort to rebuild our country, to renew its spirit, and to restore the allegiance of this government to its citizens. [read post]
12 Mar 2023, 9:31 am by Dave Maass
It doesn't do much good to file a Freedom of Information Act request for records that have mysteriously disappeared. [read post]
3 Jan 2023, 6:01 am by Florence G'SELL
It is also likely that Musk will welcome the new “Good Samaritan” rule (as specified in Article 7), which provides that platforms do not lose the benefit of the exemption from liability when they engage, “in good faith and in a diligent manner,” in investigations to identify and remove illegal content. [read post]
14 Feb 2017, 3:39 pm by Josh Blackman
” Kennedy’s opinion, like Mandel before it, did no such thing; rather, courts could look only at whether individual consular officers acted in good faith, not whether the policy behind that decision was in bad faith. [read post]
29 Jul 2022, 5:01 am by Jack Goldsmith
  There are lots of good reasons to think the mob murdered Hoffa. [read post]
23 Aug 2018, 9:17 am by Scott R. Anderson
Moreover, certain legislation may simply raise more good-faith constitutional concerns. [read post]
21 Apr 2017, 6:00 am by Guest Blogger
            While Patrick Henry was probably the Framers’ prototype of a demagogue, they would have immediately recognized Donald Trump as one as well. [read post]
4 Feb 2024, 6:29 pm by Marty Lederman
Part II of Donald Trump’s brief argues that the factual predicate for the Colorado Supreme Court’s decision to remove Trump’s name from the primary ballot was absent because Trump did not “engage in” an insurrection against the United States on January 6, 2021.[1]  [Apologies in advance about all the footnotes, but I didn't want to clutter the text with too many peripheral matters.]The Colorado Supreme Court held that Trump’s words on… [read post]
The known and alleged predations of the Trump administration on good government, after all, ran across the federal government’s many Cabinet departments and agencies. [read post]
10 Mar 2019, 8:08 am by Dave Maass
” The Unreliable Narrator Award - President Donald Trump, the U.S. [read post]
7 Feb 2024, 2:35 pm by Marty Lederman
 In this post, I’ll examine the final two “off-ramp” arguments that Donald Trump offers the Court—arguments that would have the Court reverse the judgment of the Colorado Supreme Court without adjudicating whether the Constitution precludes Trump from serving as President. [read post]