Search for: "In Matter of Johnson*"
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21 Jan 2021, 12:54 pm
John Elwood reviews Tuesday’s relists Not much is happening in D.C. right now, so what can the Supreme Court do to give us a break from the tedium of endless Zoom meetings? [read post]
20 Jan 2021, 9:00 am
[This post is co-authored with Seth Barrett Tillman.] [read post]
20 Jan 2021, 8:49 am
THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, v. [read post]
20 Jan 2021, 5:00 am
It would not matter if a judge made such pronouncements from the bench or on social media or at a lectern. [read post]
19 Jan 2021, 1:18 pm
It would not matter if a judge made such pronouncements from the bench or on social media or at a lectern. [read post]
19 Jan 2021, 10:43 am
In the 1880s, the attorney general issued an opinion stating that pardons Johnson gave to individuals before the 14th Amendment was ratified did cure their Section 3 ineligibility, but the implication was that subsequent pardons did not. [read post]
17 Jan 2021, 2:35 pm
In a complex system of checks and balances like that established by the Constitution, it is often the case that one branch of government can constrain another with respect to some matters, but not others. [read post]
17 Jan 2021, 12:21 pm
The first requires determining whether the employee spoke as a citizen on a matter of public concern. [read post]
16 Jan 2021, 11:11 am
In a matter of minutes, an initial consensual encounter can turn into an investigative detention. [read post]
15 Jan 2021, 9:22 am
Assuming the Senate (and the courts) do not shut down the trial before it gets started, the jurisdictional argument might still matter. [read post]
14 Jan 2021, 11:35 am
The process, and constitutional rationales, matter. [read post]
14 Jan 2021, 5:34 am
Supreme Court justices even today act as circuit justices handling emergency applications and other matters for the 13 federal circuit courts. [read post]
13 Jan 2021, 5:01 pm
A federal district court in Nebraska ruled that the proposed strike would violate the Railway Labor Act (RLA) since it concerned matters relating to ongoing contract negotiations and rejected the union’s assertion that it fell within the Federal Railroad Safety Act’s (FRSA) protection of workers for “refusing to work when confronted by a hazardous safety or security condition related to the performance of the employee’s duties. [read post]
13 Jan 2021, 4:56 pm
I guess they think impeachment should be reserved for really significant matters, and Trump will be in big trouble if he does anything like that, probably.For comparison, a majority of Republicans on the House Judiciary Committee also thought Richard Nixon hadn’t done anything impeachable, but a larger percentage (six or seven of 17) did agree with Democrats on two of the five charges. [read post]
13 Jan 2021, 11:05 am
I’m going to start being a little summary now so I can turn to pressing matters. [read post]
10 Jan 2021, 7:27 am
A forged deed or contract is literally not worth the paper it is written on: no matter how much a third party relies on such a deed, it has no legal effect. [read post]
8 Jan 2021, 12:59 pm
The Constitution seems to frame impeachment as a choice by Congress: a matter of discretion, not of obligation. [read post]
8 Jan 2021, 12:31 pm
As a consequence, no federal court has addressed the matter. [read post]
8 Jan 2021, 12:21 pm
Does it matter if we assume that Trump's speech would be protected? [read post]
8 Jan 2021, 12:57 am
[If Trump’s speech is protected by the First Amendment, then incitement cannot be grounds for impeachment. ] [This post was co-authored by Josh Blackman and Seth Barrett Tillman] Over the past four years, we have defended many of President Trump's actions as a constitutional matter, while criticizing those actions as a policy matter. [read post]
