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19 Feb 2024, 8:57 am by John Mikhail
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
16 Feb 2024, 12:00 pm by Eugene Volokh
From Massachusetts judge Brian Davis's opinion Monday in Smith v. [read post]
16 Feb 2024, 4:27 am by Allan Blutstein
Is the substitution of the A-Number, in light of that principle, an impermissible “creation” of a record? [read post]
13 Feb 2024, 11:53 am by Phil Dixon
Viewing the evidence in the light most favorable to the plaintiff, he stated a claim for a retaliatory transfer. [read post]
12 Feb 2024, 9:01 pm by Michael C. Dorf
During last week’s Supreme Court oral argument in Trump v. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
 In this post I’ll simply flag a couple of points that haven’t been sufficiently emphasized yet, or that warrant particular additional attention in light of the CRSCC’s arguments: Chase’s Argument was Focused on Judicial Removal of Officials Already in Office. [read post]
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]
3 Feb 2024, 9:52 am by Marty Lederman
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]