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17 Feb 2018, 4:36 am
” Josh Blackman shared his thoughts on the meaning of judicial resistance in the Trump administration. [read post]
16 Feb 2018, 2:10 pm
Sarah Grant summarized the last week of proceedings in the al-Iraqi military commission. [read post]
15 Feb 2018, 10:00 am
., Josh Blackman, Understanding Sessions’s Justification to Rescind DACA, Lawfare (Jan. 16, 2018, 8:00 AM), https://www.lawfareblog.com/understanding-sessionss-justification-rescind-daca (arguing, based on an “admittedly charitable” reading of the Sessions Letter, that Regents erred by, among other things, failing to consider how the Attorney General’s independent duty to defend the Constitution supported his decision to recommend ending the DACA program). [read post]
14 Feb 2018, 5:37 am
I’ve never had a client refuse dismissal because it was granted by an old white male judge. [read post]
13 Feb 2018, 1:02 pm
ICYMI: Yesterday on Lawfare Josh Blackman offered his thoughts on the meaning of judicial resistance in the Trump administration. [read post]
9 Feb 2018, 5:56 am
Sources said the allegations against Porter had contributed to a delay in granting him a permanent security clearance. [read post]
8 Feb 2018, 12:04 pm
Even if the Plaintiffs (in the Maryland case) amend their complaint to enjoin conduct taken by the President in his individual capacity, they still will have failed to state claim on which relief can be granted. [read post]
6 Feb 2018, 8:30 am
Even if the plaintiffs' prayers for relief are granted, under Lewis and Larson, such a judgment would "not require action by the sovereign" nor would such a judgment require any change in federal government policy. [read post]
26 Jan 2018, 2:38 am
The Supreme Court recently granted the government’s request to expedite review of the case. [read post]
25 Jan 2018, 9:00 pm
In Federalist No. 51, James Madison took it for granted that in a republican government, “the legislative authority necessarily predominates. [read post]
22 Jan 2018, 4:20 am
” Counting to 5 (podcast) offers two new episodes: One “review[s] eleven newly granted Supreme Court cases that will likely be heard during the Court’s April oral argument session,” and the other features an interview with one of the oral advocates in Class v. [read post]
20 Jan 2018, 5:13 am
Josh Blackman analyzed Attorney General Jeff Sessions’s letter to the Department of Homeland Security about DACA. [read post]
19 Jan 2018, 4:16 am
Additional coverage comes from Ariane de Vogue at CNN, Robert Barnes at The Washington Post, and Pete Williams at NBC News, who reports that “[t]he Supreme Court has granted similar requests only about a dozen times in the past century, most often involving national emergencies. [read post]
12 Jan 2018, 10:02 am
Ecuador granted citizenship to Julian Assange, the Wikileaks co-founder who has lived in the Ecuadorian embassy in London after seeking political asylum in 2012, the Times reported. [read post]
9 Jan 2018, 8:36 am
A $5 million increase for equine assisted therapy under the Veterans Affairs’ Adaptive Sports Grant Program for veterans suffering from PTSD, TBI, military sexual trauma, and other psychological wounds. [read post]
4 Jan 2018, 11:16 am
Josh Blackman described why the Manafort complaint is a sheep in wolf’s clothing. [read post]
3 Jan 2018, 6:00 am
(See Lawfare analysis of the opinion from Peter Margulies and Josh Blackman.) [read post]
2 Jan 2018, 8:00 am
Imagine the president granted a set of pardons to assist a foreign adversary in waging war against the United States. [read post]
26 Dec 2017, 9:30 am
” As the Chadha court noted, “Congress’ Article I power ‘To establish a uniform Rule of Naturalization,’ combined with the Necessary and Proper Clause, grants it unreviewable authority over the regulation of aliens. [read post]
23 Dec 2017, 5:15 pm
Josh Blackman provided Part III of his analysis of obstruction of justice and the presidency, considering how obstruction of justice could lead to “high crimes” and how President Trump could potentially respond to this charge. [read post]
