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23 Feb 2024, 5:03 am by Jennifer González
One side of the medallion portrays the engraved face of Abraham Lincoln and the opposite side reads: “Presented By Citizens Of Perth Amboy, N. [read post]
21 Feb 2024, 2:04 pm by Ronald Mann
” For what it is worth, the only justice who wrote separately in the case, Justice Clarence Thomas, offered a detailed critique of Wilburn Boat concluding that little “if anything is left of Wilburn Boat’s rationale. [read post]
19 Feb 2024, 8:57 am by John Mikhail
The Supreme Court seems poised to reverse Colorado’s decision to exclude Donald Trump from its Republican presidential primary ballot on grounds other than that Trump did not take the right kind of oath to support the Constitution. [read post]
15 Feb 2024, 3:33 pm by Marty Lederman
  This was the point of Justice Thomas’ very first question to Jason Murray, and it was a recurring theme throughout the argument. [read post]
14 Feb 2024, 3:05 pm by Marty Lederman
”  “[I]t does seem odd,” he conceded, “that President Trump would fall through the cracks in a sense,” but it “was compromise legislation,” and “[i]n a compromise, everyone goes away miserable. [read post]
10 Feb 2024, 10:10 am by Giesela Ruehl
The book is the result of comparative study prepared for the General Congress of the International Academy of Comparative Law that was held in 2022 in Asunción (Paraguay). [read post]
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]
7 Feb 2024, 7:57 am by Karen Gullo
Statement to be submitted by the Electronic Frontier Foundation, accredited under operative paragraph No. 9 of UN General Assembly Resolution 75/282, on behalf of 124 signatories. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme Court.) [read post]
31 Jan 2024, 6:22 am by Guest Author
 As Thomas Merrill has noted, “[a]dministrative rulemaking, at least in its modern guise, is subject to a much more unyielding set of procedural requirements” than legislative statute-making. [read post]
30 Jan 2024, 9:05 pm by renholding
On January 17, the Supreme Court heard arguments in what are potentially the most significant commercial law cases of the last decade. [read post]