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3 Mar 2024, 12:24 pm by Josh Blackman
Such appointees included positions entirely outside the Executive Branch, e.g., appointees in the legislature, such as the Clerk of the House and Secretary of the Senate, and clerks of the federal courts. [read post]
29 Feb 2024, 6:05 am by Rachel Kleinfeld
Supreme Court had taken on new powers (in their case, the power of constitutional review) in the 1803 case, Marbury v. [read post]
27 Feb 2024, 6:05 am by Katherine Yon Ebright
To opine on the subject would be to “disregard the constitutional duties that are the specific responsibility of other branches of government,” namely, Congress and the president. [read post]
24 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Edward A. [read post]
20 Feb 2024, 9:08 am by Howard Friedman
The judiciary, no less than the other branches of State and Federal Government, must respect people’s fundamental rights, and among these are the right to the free exercise of religion and the right to the equal protection of the laws. [read post]
9 Feb 2024, 3:03 am by Will Baude
  Though the article is set to appear in print sometime this month, it might not beat the Supreme Court's decision in Trump v. [read post]