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[Josh Blackman] In Trump v. Anderson, the Respondents' Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant's VP and Presidential Candidate George McGovern
4 Feb 2024, 1:01 pm by Josh Blackman
Fund v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
:@WilliamBaude: The Objection that Enforcing Section Three is "Undemocratic"
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Four: Trump’s Argument That His Tenure as President Did Not Subject Him to Section 3 Because the President is Not an “Officer of the United States”
3 Feb 2024, 9:52 am by Marty Lederman
  The Positions Clause [1] employs the catch-all term “office, civil or military, under the United States,” whereas the Officials Clause [2] uses the catch-all term “officer of the United States. [read post]
Balkinization - http://balkin.blogspot.com/
Weekend Roundup
2 Feb 2024, 9:30 pm by ernst
  Scalia, J., thought Presidents were "officers of the United States" (Lawfare). [read post]
Legal History Blog - http://legalhistoryblog.blogspot.com/
Lenity and Agency Deference in Garland v. Cargill, by Tess Saperstein
31 Jan 2024, 6:22 am by Guest Author
United States, Justice Scalia stated, “we have never thought that the interpretation of those charged with prosecuting criminal statutes is entitled to deference. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
The Supreme Court and the Future of Commercial Regulation by the Administrative State
30 Jan 2024, 9:05 pm by renholding
Numerous studies show that Chevron deference is currently the exception rather than the rule, and since 2001’s United States v. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
A User’s Guide to Trump v. Anderson, Part One: Why the U.S. Supreme Court Might Resolve the Case Even Though Its Decision Probably Won’t Affect the Colorado Presidential Primary Election Ballot
28 Jan 2024, 8:49 pm by Marty Lederman
 Trump v. [read post]
Balkinization - http://balkin.blogspot.com/
[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Ilya Somin] Texas Gov. Greg Abbott Doubles Down On Dangerous Claim that Immigration is "Invasion"
25 Jan 2024, 1:40 pm by Ilya Somin
United States, 567 U.S. 387, 419 (2012) (Scalia, J., dissenting). [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] Prof. Thomas Merrill on "The Chevron Argument: Ambiguity Versus Delegation"
25 Jan 2024, 5:01 am by Eugene Volokh
Raimondo and Relentless, Inc. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Chevron Deference vs. Steady Administration
24 Jan 2024, 3:12 pm by Adam White
James Madison’s criticism of the early state governments, recorded in his 1787 memo on the “Vices of the Political System of the United States,” emphasized not just the overbearing “multiplicity” of laws, but also the pathetic “mutability” of their laws—two sides of the same coin. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
The Important Statutory Sections Ignored by the Parties in Loper Bright and Relentless, by John F. Duffy
17 Jan 2024, 5:04 am by Guest Author
”  How then is it possible that the Department of Commerce in these cases received Chevron deference given that the modern caselaw on Chevron—in particular, United States v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
[Josh Blackman] Louisville Daily Journal (April 1868): The President is not an "Officer of the United States"
9 Jan 2024, 9:01 pm by Josh Blackman
Here the article invoked the same reasoning used by Chief Justice Marshall in United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] New Univ. of Texas Law Class on "Understanding Conservative Legal Thought"
9 Jan 2024, 12:05 pm by Eugene Volokh
United States, 139 S. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Amicus Brief Filed in Trump v. Griswold On Behalf of Professor Seth Barrett Tillman
9 Jan 2024, 11:59 am by Josh Blackman
" Biden v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Steven Calabresi] Defending Clarence Thomas from My Good Friend Steve Lubet
2 Jan 2024, 11:51 pm by Steven Calabresi
United States, so it is hard to be wildly enthusiastic about any of them. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Ilya Somin] Colorado Supreme Court Rules Trump is Ineligible for the Presidency Under Section 3 of the 14th Amendment
19 Dec 2023, 6:22 pm by Ilya Somin
Worcester ed., 1859) (defining "office" as "a publick charge or employment; magistracy");United States v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Victory: Utah Supreme Court Upholds Right to Refuse to Tell Cops Your Passcode
18 Dec 2023, 4:44 pm by Andrew Crocker
Supreme Court case, United States v. [read post]
Deeplinks Blog - https://www.eff.org/deeplinks
[Josh Blackman] The 6/13/2000 Memorandum to Chief Justice Rehnquist: "Compensation Increase for Justices—Response to Justice Thomas—Guidance Needed"
18 Dec 2023, 10:38 am by Josh Blackman
Cue Bush v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
What Issues are Fair Game in Moore v. United States?, by Conor Clarke
16 Dec 2023, 6:34 am by Guest Author
United States, 512 U.S. 452, 464 (1994) (Scalia, J., concurring). [read post]
Notice & Comment - https://www.yalejreg.com/nc/