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24 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).Edward A. [read post]
22 Feb 2024, 2:04 pm by Josh Blackman
& Pol'y Rev. 53, 66 & n.49, 98 & n.207 (1999); see also Timothy Farrar, Manual of the Constitution of the United States of America 436 (Boston, Little, Brown, & Co. 3d ed. rev. 1872) ("The general power of impeachment and trial may extend to others besides civil officers, as military or naval officers, or even persons not in office, and to other offences than those expressly requiring a judgment of removal from office . . . . [read post]
21 Feb 2024, 12:50 pm by Amy Howe
Justice Ketanji Brown Jackson told Sridharan that it was, in her view, “fairly extraordinary … to be asking the Court to decide this matter when you haven’t even” briefed, much less lost, the case in the D.C. [read post]
21 Feb 2024, 7:00 am by Guest Blogger
Schmidt             Constitutional history often focuses on the development of judicial doctrine—say, tracing the career of the Fourteenth Amendment from Plessy and Lochner through Brown and Roe to SFFA and Dobbs. [read post]
21 Feb 2024, 6:16 am by Amy Howe
They argued that the system created both a “taking” of property under the Fifth Amendment, both as a general matter and as applied to them. [read post]
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]
18 Feb 2024, 10:00 am by Gene Takagi
Perhaps he was murdered more directly, but the details don’t matter: The Russian state killed him. [read post]
14 Feb 2024, 7:15 am by Kaufman Dolowich
” Promoted to Partnership: Gregory Brown (Philadelphia, Pa.) is a litigator who focuses his practice on professional liability, errors and omissions, insurance coverage, commercial, products liability and general liability litigation. [read post]
12 Feb 2024, 3:44 pm by Michael Lowe
There are lots of names for people crossing the border into Texas without authority, including migrants, immigrants, illegals, undocumented noncitizens, illegal entrants. [read post]
12 Feb 2024, 6:41 am by David Oscar Markus
  From Slate:If there was any surprise on Thursday, it was Justice Ketanji Brown Jackson’s embrace of Mitchell’s main theory that the president is not an “officer” of the United States, so Section 3 does not apply to him at all. [read post]
12 Feb 2024, 4:00 am by Eric Segall
This lie will, tragically, be believed by millions of Americans.2) Justice Ketanji Brown Jackson had an interesting and somewhat surprising perspective on the case. [read post]
9 Feb 2024, 1:28 pm by Josh Blackman
He did not necessarily defend the case as being correct as an original matter, but rather explained that Griffin's Case settled the matter. [read post]
9 Feb 2024, 11:37 am by Josh Blackman
.'" As a matter of advocacy, lawyers should always be willing to acknowledge, if pressed, weaknesses in a position. [read post]