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This public service lasted barely 18 hours after the midterm elections, in which the Democrats secured control of the House of Representatives and Republicans added to their Senate majority. [read post]
6 Nov 2018, 10:56 am by Cynthia Marcotte Stamer
In the unanimous opinion authored by Justice Ginsburg, the Supreme Court pointed out that the ADEA definition of “employer” distinguishes between private sector employers and State and local political subdivisions. [read post]
29 Oct 2018, 10:49 am by Anushka Limaye
Past speakers include Secretary Madeleine Albright, General Stanley McChrystal, Lt Gen Jim Clapper, Senator Kelly Ayotte, and Admiral Mike Mullen. [read post]
26 Oct 2018, 12:51 pm by Jim Sedor
It would also lower contributions limits for state House and Senate candidates, as well as alter how state legislative districts are drawn. [read post]
22 Oct 2018, 7:27 am by Victoria Clark
The Lawfare team is small, hard working and opinionated. [read post]
19 Oct 2018, 6:00 am by Guest Blogger
  If the president signs a treaty and the Senate ratifies it, can the House of Representatives decline to execute it, or must Congress legislate accordingly? [read post]
18 Oct 2018, 10:42 am by Ronald Collins
Although Justice George Sutherland, majority opinion writer, misappropriated Chief Justice John Marshall’s 1800 sole-organ speech and inflated presidential prerogatives, courts, in a series of cases (Japanese internment, Dames & Moore v. [read post]
15 Oct 2018, 9:57 am by Stephen Wermiel
Since 1993, however, senators have recast that hearing to make it seem that Ginsburg represented the height of recalcitrance. [read post]
15 Oct 2018, 3:30 am by Victoria Clark
The Lawfare team is small, hard working and opinionated. [read post]
14 Oct 2018, 9:01 pm by Dean Falvy
Is the answer the same for the House (which can vote to impeach by a simple majority) and for the Senate (which needs a two-third supermajority to convict, and whose members take a special oath to “do impartial justice according to the Constitution and laws”)? [read post]
11 Oct 2018, 9:01 pm by Jim Sedor
That is despite the fact that attorneys represent the largest number of donors to district judges’ campaigns. [read post]
8 Oct 2018, 8:25 am by Anushka Limaye
The Lawfare team is small, hard working and opinionated. [read post]
6 Oct 2018, 1:31 pm by Marty Lederman
  The Senators who confirmed Gorsuch, for example, represented states in which only 47 percent of Americans lived (based on the 2017 estimates, and splitting the population totals for the nine states (CO, FL, ME, MO, MT, NV, OH, PA, WI) in which the two Senators split their votes). [read post]
6 Oct 2018, 1:00 pm by Sheldon Gilbert
Matthews represented the railroad industry in private practice. [read post]
5 Oct 2018, 1:20 pm by Sandy Levinson
 As Michael Tomasky reminds us in this morning's New York Times, borrowing (with attribution) from a paper by the political scientist Kevin McMahon, Gorsuch and Kavanaugh represent the first time in our history that someone has made it to the Supreme Court after being nominated by a president who did not have majority support from the electorate AND was confirmed by senators representing less than a majority of the US population. [read post]
5 Oct 2018, 5:58 am by Benjamin Wittes
It was a thumb on the scales setting forth a very modest standard, requiring the independent counsel in words that were quite obligatory, very clear--“shall”--bring to the House of Representatives. [read post]
4 Oct 2018, 8:05 pm
Senate passed the Better Utilization of Investment Leading to Development, or BUILD Act, which will create a new U.S. government agency — the U.S. [read post]
1 Oct 2018, 3:26 pm by Ernesto Falcon
Unless the House of Representatives joins the Senate to overturn the FCC this year, the outcome of these cases will likely determine the fate of net neutrality protections, competition policy, and privacy protections for the ISP industry. [read post]
1 Oct 2018, 11:01 am by Anushka Limaye
The Lawfare team is small, hard working and opinionated. [read post]
24 Sep 2018, 10:39 am by Victoria Clark, Anushka Limaye
The Lawfare team is small, hard working and opinionated. [read post]