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28 Jun 2009, 6:29 am
Moreover, the reason, as Mark spells out absolutely clearly, that Congress could not do anything to "resolve" the slavery dispute (whatever one thinks that should mean) is that the Constitution, both then and now, builds in an indefensible aspect of parochialism in the mindset of both represenatives and senators inasmuch as every single one of them represents only a relatively small group of territorially-limited constituents (and, as I've argued repeatedly, the electoral… [read post]
23 Sep 2024, 7:00 am
"Hoping to head off such an unprecedented and indefensible presidential intervention, White House Counsel Don McGahn told Trump he would prepare a memorandum "explaining to you what the law is and how it works, and I’ll give that memo to you and you can decide what you want to do. [read post]
14 Aug 2023, 5:36 am
This is Volume IV of the major questions doctrine (“MQD”) reading list. [read post]
26 Aug 2020, 4:00 am
Eight months and a pandemic ago, the Supreme Court of Canada released the Vavilov trilogy (Canada (Minister of Citizenship and Immigration) v. [read post]
24 Aug 2011, 3:41 am
Not Magistrate Judge Jeffrey Cole, who promptly sanctioned them: The conduct reflected on the record of the deposition is indefensible under Rule 30, Federal Rules of Civil Procedure. [read post]
30 Mar 2016, 9:01 pm
As is so often the case this year, the Democratic candidates are having a nuanced debate about reasonable differences in policy, while Donald Trump is leading the Republicans by making incendiary and indefensible statements. [read post]
12 Feb 2007, 4:01 pm
This absurd ad, which levied the untrue and indefensible charge that Duke is filled with racists, was officially endorsed by 20 of our academic departments and institutes and about 90 individual professors . . . [read post]
30 Mar 2012, 3:28 pm
Listen to the Audio JUDY WOODRUFF: And to the analysis of Shields and Brooks. [read post]
15 Jun 2017, 9:01 pm
It is still completely unsupported by theory or evidence.Even the Weaker Version of Supply-Side Economics Is Completely Indefensible (in a Reality-Based Argument)There are actually two versions of what is commonly called supply-side economics. [read post]
27 Apr 2019, 1:01 am
But Grant knew the situation for blacks in the South was indefensible. [read post]
29 Oct 2007, 8:01 am
The bottom line is that the OLC legal analysis in support of waterboarding is indefensible -- I think Ben would agree -- and Judge Mukasey should simply say so.Which brings me to the final and most important reason why Judge Mukasey can answer the question -- even if DOJ does not provide him with the classified OLC memos. [read post]
7 Jun 2022, 9:01 pm
There has already been an outpouring of commentary on the leaked opinion in the Supreme Court’s pending Dobbs case, in which Samuel Alito (apparently joined by four of his colleagues) will not only decide that Mississippi’s 15-week cutoff for abortion access is constitutional but that Roe v. [read post]
5 Apr 2018, 9:01 pm
Last month, the city of San Francisco, in a unanimous vote by the Board of Supervisors, banned the sale of new fur in the city, including online sales but not including sheep and lamb skin. [read post]
15 Jan 2010, 6:51 am
Commerce is acting as it has always acted, protecting U.S. industries by giving them the benefit of almost every doubt and zealously defending the indefensible, such as the practice of zeroing that has been struck down repeatedly by the WTO. [read post]
10 Feb 2016, 9:01 pm
On the campaign trail, Rubio does say that he would allow abortions to save a woman’s life, but he sticks to his very immoderate view that women who become pregnant due to rape or incest must not be allowed to terminate their pregnancies.Note that being immoderate does not mean taking a logically indefensible position. [read post]
20 Mar 2012, 8:12 am
” It is a position probably indefensible in logic or law prior to H.R. 4105, but now provided with some statutory support, albeit still indirect. [read post]
29 Aug 2016, 1:00 pm
Richard Horton, describing the indefensible flaws of the PACE trial of treatments for ME/CFS, the disease otherwise known as chronic fatigue syndrome (link to letter). [read post]
15 Jan 2007, 12:19 pm
I will celebrate Martin Luther King Day by taking the day off from Bush-bashing (not that he doesn't deserve it, of course). [read post]
18 Apr 2019, 12:39 pm
In a scenario where the property tax was repealed outright (which is not part of the proposal in either state), tax collections at a particular point in time could serve as the basis for a redistribution formula indefinitely, with increasingly indefensible results as time passes. [read post]
16 Aug 2011, 7:08 am
” The first reason overlooks the reach of antidiscrimination and public-accommodations laws; the second indefensibly limits religious-freedom concerns to the church ceremony and the clergyperson. [read post]
