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27 Apr 2018, 4:26 am
” At Balkinization, Marty Lederman explains “why this is not a case in which the courts are being asked, as Justice Kennedy put it, to review a presidential judgment about ‘whether or not there is … a national exigency. [read post]
1 Mar 2013, 6:15 am
At this blog, Marty Lederman covers the states’ brief in Windsor as well as the amicus brief filed by the state of California in Hollingsworth , which opposes Proposition 8 on both justiciability and substantive grounds. [read post]
3 Jul 2015, 5:54 am
MoloLamken analyzes the Court’s business docket, while at Slate, Marty Lederman discusses some of the Term’s biggest surprises. [read post]
24 Aug 2006, 7:29 am
., Stephen Bainbridge at [www.professorbainbridge.com], Orin Kerr at [volokh.com], Marty Lederman at [balkin.blogspot.com], and Eugene Volokh at [volokh.com]. [read post]
25 Jul 2011, 11:01 am
("Moderates" like myself believe that Section 4 of the Fourteenth Amendment could provide such authority, though Laurence Tribe, Marty Lederman, and Jack Balkin all provide good arguments as to why those arguments are weak)But consider the story du jour, which is that John Boehner is threatening to pass a House bill to extend the debt limit, though only until next year, with attendant spending cuts and no tax increases, and basically daring the Senate and the President… [read post]
7 Apr 2020, 5:11 pm
Marty Lederman critiques the two rulings here. [read post]
28 Jun 2017, 3:59 am
Commentary comes from Marty Lederman at Just Security, Alex Aleinikoff at ForcedMigrationForum, Ilya Somin at The Washington Post’s Volokh Conspiracy blog, the editorial board of The New York Times, Will Baude at PrawfsBlawg, Michael Dorf at Justia’s Verdict blog, Moustafa Bayoumi in The Guardian, Daniel Hemel at Take Care, Amir Ali, also at Take Care, Corey Brettschneider in an op-ed in The New York Times, Stephen Sachs at PrawfsBlawg, and Ciara Torres-Spelliscy at the… [read post]
14 May 2008, 7:49 pm
At the same time Marty Lederman at Balkinization gives us the skinny on the Army's new interrogation manual, and how the administration's proposed legislation may give a pass to the CIA.Back at National Security Advisors Professor Chesney then follows up with a great wrap-up of posts and analysis related to Terrorism Prosecution Statistics. [read post]
7 Oct 2014, 12:56 pm
” Others think waiting allows the Court, as Marty Lederman said, to “write against the backdrop of a nation with tens or hundreds of thousands of gay marriages, and families, and the sky not having fallen” when it finally does take a case. [read post]
3 Aug 2007, 10:47 am
Marty Lederman, in a comment on that post, said that he hangs out with a lot of critics of the administration but has never heard such sentiments. [read post]
29 Mar 2014, 6:55 am
In Guantanamo news, Ben flagged a post by Marty Lederman over at Just Security noting the Supreme Court’s unusual repeated relisting of a pending Guantánamo habeas appeal in Hussain v. [read post]
28 Mar 2012, 5:41 am
As I've written here before, I made the healthcare litigation a central piece of my con law class this year, starting on the very first day when, instead of reading Marbury, we read a series of excerpts from the lower court healthcare decisions and briefs (prepared by Marty Lederman, to whom I'm very grateful). [read post]
22 Apr 2016, 7:57 am
” At Balkinization, Marty Lederman contends that “the supplemental briefing has significantly weakened the petitioners’ efforts to show that the government’s accommodation substantially burdens their religious exercise. [read post]
11 May 2008, 6:53 pm
" Hopefully this will become an important bi-partisan issue to the Republican policy committee too. ...In a post on the Balkanization Blog, Marty Lederman discusses : The Military Commission Decision Disqualifying the Legal Adviser, Brig. [read post]
4 Aug 2021, 7:50 am
Professors Dawn Johnsen and Marty Lederman at OLC? [read post]
4 Feb 2014, 6:24 am
In a long post over at Just Security, Marty Lederman and I had already responded to these objections. [read post]
19 Oct 2013, 7:00 am
Jack wrote a reaction piece to a Marty Lederman/Mary DeRosa post at Just Security about the significance of the two special operations forces raids in Africa. [read post]
21 Jul 2014, 9:04 am
” At Balkinization, Marty Lederman looks at how the Court might approach the upcoming challenges under the Religious Freedom Restoration Act to the accommodations that the government has established for religious non-profits that object to providing access to birth control to their female employees. [read post]
31 Mar 2014, 10:49 am
More recently, though, Ohio officials – in an unusual move that Marty Lederman chronicled for this blog – took divergent approaches to the law and filed two separate briefs. [read post]
4 Feb 2024, 1:01 pm
[Justice Scalia erred because there are no “Officers of the United States” appointed outside Article II, Section II.] [read post]
