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15 Dec 2022, 5:35 pm
Repealing the 2002 AUMF is important not primarily as a matter of legislative hygiene, but to guard against the future misuse of this tool. [read post]
1 Dec 2022, 5:01 am
And the students who suffer most from law schools' failure in such matters are the students who belong to the majority ideological group; today, that is mostly students on the Left. [read post]
18 Nov 2022, 3:00 am
Mitch McConnell was reelected as Republican leader, quashing a challenge from Sen. [read post]
16 Nov 2022, 1:33 pm
Would Mitch McConnell be an institutionalist and a statesman when the presidency is there for the taking? [read post]
15 Nov 2022, 4:00 am
Having received reinforcements courtesy of Mitch McConnell and Donald Trump, Justice Thomas is now among the Court's most active questioners at oral arguments. [read post]
10 Nov 2022, 7:31 am
The need to back Ukraine in its war against Russia – in order to uphold a rules-based world order that delivers freedom, peace, and prosperity rather than rivalry, war, and subjugation by Moscow and Beijing – is well-understood by Senate Minority Leader Mitch McConnell, former Vice President Mike Pence, and still about half of Republican survey respondents. [read post]
9 Nov 2022, 5:03 am
Over the next two years, it doesn't much matter whether Democrats stay at 50-50 with VP Harris breaking ties or move to 51-49. [read post]
8 Nov 2022, 2:38 am
"... and 'Ron DeSanctimonious' is certainly an improvement on recent head-scratchers like Letitia 'Peekaboo' James, Mitch 'Broken Old Crow' McConnell, and Elaine 'Coco' Chao. [read post]
7 Nov 2022, 7:45 am
What happens in the House also matters. [read post]
30 Oct 2022, 9:01 pm
Notably, Ricketts was the Republican nominee for the Senate in 2006 (when he lost in the general election), and Senate Republican Minority Leader Mitch McConnell has openly expressed his desire for Ricketts to succeed Sasse. [read post]
25 Oct 2022, 6:30 am
For the Balkinization symposium on James E. [read post]
21 Oct 2022, 6:30 am
But the originalist scholarship is in near unanimous agreement that, as Nathan Chapman and Michael McConnell have shown, due process of law was indeed procedural: so long as rules of conduct are established by the competent authorities (legislatures) and do not otherwise violate a specific constitutional provision, and any violations of those rules are adjudicated in courts at least according to the processes established by law, there is no violation of the clause. [read post]
20 Oct 2022, 9:12 am
As one person I know put it, however, we would have felt horrible about it and done a very bad job of rationalizing it.That might not matter, but it is truly difficult to picture all but a few true Democratic hacks (Jim Carville comes to mind) who would go on TV and say things with a straight face that would mirror what almost all Republicans have been saying about Walker this month. [read post]
18 Oct 2022, 6:38 am
Noting "successes" like the oddball Jim Cramer on CNBC, he argued persuasively that what matters is not truth but provocation. [read post]
16 Oct 2022, 9:02 pm
Even in matters of election law. . . there is no reason to think the Framers of the federal Constitution intended to liberate state legislatures from the ordinary constraints of state constitutional law.But B/M also reject the broad rejection of ISL because they believe folks like Akhil and I: would rewrite the Constitution to replace the term legislature with the term state. [read post]
12 Oct 2022, 4:30 am
One, written by Michael McConnell, argued that Brown was justifiable on an originalist basis. [read post]
9 Oct 2022, 9:04 pm
Since then, long-standing questions have persisted about whose lives matter and who counts as citizens. [read post]
4 Oct 2022, 3:23 am
Even the specific criminal allegation of being an “insurrectionist” is a matter of opinion. [read post]
29 Sep 2022, 4:08 am
Saying that Black Lives Matter would not have any political content out of context -- which is why even many Democrats stumbled early on by saying, "Yes, all lives matter," attempting to be inclusive but missing the larger message that "we need to emphasize specifically that Black lives matter because our society so often acts as if they don't" -- but in context, it at least means reforming police practices to prevent the killing of unarmed… [read post]
27 Sep 2022, 9:03 pm
In this view, Mitch McConnell’s successful blockade of Merrick Garland to steal a Supreme Court seat and the untimely death of Ruth Bader Ginsburg followed by the shameless rush to confirm Amy Coney Barrett combined to bake in the extremely conservative Court we now have.Yet Congress has tools at its disposal. [read post]
