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17 Jul 2019, 9:01 pm by Vikram David Amar
But for present purposes I am not critiquing the Chief’s conclusion so much as trying to understand it on its own terms.)The confusion over these two quite different ideas that swirl around in political-question rulings—the absence of any legal norm, and the absence of a judicially manageable test to apply—really traces back to carelessness by the great Justice William Brennan when he discussed and summarized political-question thinking in the seminal Baker v. [read post]
1 Jul 2019, 9:01 pm by Vikram David Amar
(This is even clearer in light of the Court’s correct decision in INS v. [read post]
11 Jun 2019, 8:40 am by Kia Rahnama
On May 6, the House Judiciary Committee voted to recommend that Attorney General William Barr be held in contempt of Congress for his refusal to provide the committee with an unredacted version of the special counsel’s report. [read post]
7 Jun 2019, 3:00 am by Jim Sedor
And McConnell’s re-election campaigns have received more than $1 million in contributions from Chao’s extended family. [read post]
19 May 2019, 9:01 pm by Vikram David Amar and Jason Mazzone
And even with Justice Kavanaugh’s replacing Justice Kennedy, there is no indication that there are anywhere close to five votes on the current Court to inter Casey (and its predecessor, Roe v. [read post]
13 May 2019, 9:10 am by Scott R. Anderson
As William McCants and Benjamin Wittes explained on Lawfare in 2017, FTO status is a poor legal fit for the Muslim Brotherhood. [read post]
12 May 2019, 9:01 pm by Vikram David Amar
United States, in which the Court, in a majority opinion written by then-Chief Justice William Rehnquist, said that a claim by federal Judge Walter Nixon that the impeachment proceedings against him in the Senate violated Article I of the Constitution was not “justiciable” because the dispute over the meaning of Article I’s impeachment provisions was the kind of “political question” that the federal judiciary is not allowed to decide.It turns out that… [read post]
24 Apr 2019, 9:46 am by MOTP
" Following the severance of Agar's and Electro's adverse claims from the others in the case, Electro filed another motion for summary judgment in the severed case on the issue of attorney's fees under the Texas Theft Liability Act. [read post]
21 Apr 2019, 2:30 pm by David Lat
Cox of Gibson Dunn, Michael E. [read post]
19 Apr 2019, 6:12 am
Posted by , on Friday, April 19, 2019 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of April 12–18, 2019. [read post]
18 Apr 2019, 9:01 pm by Vikram David Amar
Although there may have been plausible historical and structural arguments that state executive officials are distinguishable from state legislators in this realm, the Court saw no dispositive difference between these two classes of state officials for purposes of the anti-commandeering principle.Last year’s House immigration proposal for sanctuary jurisdictions and this week’s suggestions by President Trump about relocating detainees to sanctuary cities resemble in key… [read post]
17 Apr 2019, 9:01 pm by Vikram David Amar
So here’s an idea: Let’s take ourselves out of 2019 America, and transport ourselves 12 years—three presidential election cycles—ahead. [read post]
15 Apr 2019, 5:59 am
Posted by Richard Birns, Daniel Alterbaum, and William Koch, Gibson, Dunn & Crutcher LLP, on Monday, April 15, 2019 Editor's Note: Richard Birns is partner and Daniel Alterbaum and William Koch are associates at Gibson, Dunn & Crutcher LLP. [read post]
9 Apr 2019, 8:00 am by Dan Ernst
Click here to register.Discussing the most momentous restructuring of the government since 1787 will be three leading scholars: Susan Dunn, Massachusetts Professor of Humanities at Williams College and author of several histories including Roosevelt's Purge: How FDR Fought to Change the Democratic Party; David Woolner, Senior Fellow and Resident Historian of the Roosevelt Institute, Professor of History at Marist College, and Senior Fellow of the Center for Civic… [read post]
22 Mar 2019, 6:27 am
Posted by , on Friday, March 22, 2019 Editor's Note: This roundup contains a collection of the posts published on the Forum during the week of March 15-21, 2019. [read post]
13 Mar 2019, 9:01 pm by Vikram David Amar
He is a co-author, along with William Cohen and Jonathan Varat, of a major constitutional law casebook, and a co-author of several volumes of the Wright & Mille [read post]