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7 Feb 2024, 7:45 pm by Josh Blackman
During the First Congress, Representative Thomas Tucker distinguished the Constitution's use of appoint from elect in regard to how those terms are used in the Constitution, as opposed to popular usage. [read post]
18 Jan 2024, 11:00 am by jonathanturley
I’m sitting here and I’m telling you, you’re wrong about these things, and you don’t listen … you refuse to listen to what I’m saying to you. [read post]
9 Jan 2024, 4:16 am
 In re Post Foods, LLC, 2024 USPQ2d 25 (TTAB 2024) [precedential] (Opinion by Judge Thomas V. [read post]
8 Jan 2024, 6:00 am by Bruce Hoffman
” And it would not be until nearly half-a-century later that it re-emerged. [read post]
6 Jan 2024, 6:00 am by Meghan Conroy
Rather, he says, investing in a healthier, pluralistic media environment is the way forward; he argues that an “expansive nonprofit media sector, like the ones we see in other major Western democracies, could temper the narrowcasting excesses of the commercial media sector and help re-normalize professional news practices and values across the entire US media ecosystem. [read post]
29 Dec 2023, 7:17 am by Rick Garnett
I'm re-printing a Becket-Day post from our own Michael Moreland: Today is the Feast of St. [read post]
28 Dec 2023, 5:00 am by Neil H. Buchanan
  I'm not even sure all of us would be living in the same country as each other anymore. [read post]
21 Dec 2023, 11:16 am by Neil H. Buchanan
  Even so, Marcus offers that and other equally weak "what if/maybe/but gee/I'm uncomfortable" arguments in support of her claim that "[t]he best outcome, for the court and the country, would be for a unanimous court — preferably an 8-0 court with Justice Clarence Thomas recusing himself — to clear the way for Trump to run. [read post]
19 Dec 2023, 10:35 am by Eric Goldman
” This means we’re going to get a textualist interpretation, accurate or not, but also we’re going to get policy and “living” text arguments because…why not? [read post]
19 Dec 2023, 4:48 am by Beatrice Yahia
” “I’m not here to dictate timelines or terms,” Austin said. [read post]
15 Dec 2023, 12:17 pm by Josh Blackman
Rather than setting cases for re-argument, the Court 4-4'd cases including Friedrichs v. [read post]
15 Dec 2023, 8:44 am by Eric Goldman
If you’re new to FOSTA cases and you are baffled by the layers of inferences and arguments here, you are definitely not alone. [read post]