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[Josh Blackman] Oral Arguments in Trump v. Anderson Part IV: Justice Sotomayor and Kagan get the line between national power and federalism
9 Feb 2024, 3:48 pm by Josh Blackman
The first installment focused on Justice Gorsuch's colloquies about Officers of the United States. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] Associational Standing Isn't Defeated by Pseudonymity in Members' Declarations
9 Feb 2024, 2:26 pm by Eugene Volokh
On a motion by President Shrum, the United States District Court for the Western District of Oklahoma dismissed the suit for lack of standing, ruling that the United States Supreme Court in Summers v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Oral Arguments in Trump v. Anderson Part III: Justice Kavanaugh Gets Griffin's Case  and Justice Barrett gets FedCourts
9 Feb 2024, 1:28 pm by Josh Blackman
United States: the states are disabled from legislating in this area of federal interest. [read post]
The Volokh Conspiracy - http://www.volokh.com/
SCOTUS dispatch: ‘in the room where it happened’ for the oral arguments in the Trump v. Anderson ballot disqualification case
9 Feb 2024, 12:46 pm by Marissa Zupancic | U. Pittsburgh School of Law, US
  On Thursday, Februrary 8, I sat in the courtroom of the Supreme Court of the United States on assignment for JURIST to hear oral arguments in Trump v. [read post]
JURIST - Paper Chase - https://www.jurist.org/news/
A packed courtroom for the Trump ballot case
8 Feb 2024, 2:41 pm by Mark Walsh
Thomas in St. [read post]
SCOTUSblog - http://www.scotusblog.com/
A User’s Guide to Trump v. Anderson, Part Eight: The First Amendment/Right to Vote/Federalism-Based "Off-Ramp" Argument that is Likely to Carry the Day
8 Feb 2024, 9:44 am by Marty Lederman
  For the President and the Vice President of the United States are the only elected officials who represent all the voters in the Nation. [read post]
Balkinization - http://balkin.blogspot.com/
[Eugene Volokh] "Seven Questions on Section 3: A Response to Professor Kurt Lash"
8 Feb 2024, 9:36 am by Eugene Volokh
Thomas any better? [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] A Reply to Peter Keisler and Richard Bernstein, and Michael Luttig, on Section 3
7 Feb 2024, 7:45 pm by Josh Blackman
And tomorrow, Thursday, the Supreme Court will hear oral argument in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:35 pm by Marty Lederman
Term Limits v. [read post]
Balkinization - http://balkin.blogspot.com/
A User’s Guide to Trump v. Anderson, Part Seven: Trump’s Two Remaining “Off-Ramp” Arguments: (i) That Colorado has Implemented a De Facto Extraconstitutional Presidential Qualification, in Violation of Term Limits v. Thornton; and (ii) That Colorado has Abused its Article II Authority to Appoint Presidential Electors in a “Manner” of Appointment that Colorado Law Doesn’t Authorize
7 Feb 2024, 2:02 pm by Marty Lederman
Term Limits v. [read post]
Balkinization - http://balkin.blogspot.com/
:@WilliamBaude: The Use and Misuse of Section Three's "Legislative History": Part II
6 Feb 2024, 7:20 am by Will Baude
For example, Lash, in discussing the question of ratifiers' views on "whether Section Three applied to future insurrections," states (at 45) that "[v]ery few ratifiers specifically addressed" the question, but those who did "came to different conclusions" on this point. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Law and Media Round Up – 5 February 2024
4 Feb 2024, 4:40 pm by INFORRM
On the same day, judgment was handed down in Blake & Anor v Fox [2024] EWHC 146 (KB). [read post]
Inforrm's Blog - https://inforrm.wordpress.com/
[Josh Blackman] In Trump v. Anderson, the Respondents' Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant's VP and Presidential Candidate George McGovern
4 Feb 2024, 1:01 pm by Josh Blackman
Fund v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Jonathan H. Adler] Whether Chevron Stands or Falls, Any Deference Should Be Based Upon Delegation, Not Ambiguity
3 Feb 2024, 11:29 am by Jonathan H. Adler
  Recall that in 2018, in Pereira v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A User’s Guide to Trump v. Anderson, Part Four: Trump’s Argument That His Tenure as President Did Not Subject Him to Section 3 Because the President is Not an “Officer of the United States”
3 Feb 2024, 9:52 am by Marty Lederman
  The Positions Clause [1] employs the catch-all term “office, civil or military, under the United States,” whereas the Officials Clause [2] uses the catch-all term “officer of the United States. [read post]
Balkinization - http://balkin.blogspot.com/
Niz-Chavez Decision Could Save You From Deportation
31 Jan 2024, 2:03 pm by Carl Shusterman
Pereira before him, had lived in the United States for less than 10 years when he was served with an NTA. [read post]
Immigration News - https://www.shusterman.com/
Lenity and Agency Deference in Garland v. Cargill, by Tess Saperstein
31 Jan 2024, 6:22 am by Guest Author
Sweet Home Chapter of Communities, the Court distinguished its previous decision in United States v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
The Supreme Court and the Future of Commercial Regulation by the Administrative State
30 Jan 2024, 9:05 pm by renholding
Numerous studies show that Chevron deference is currently the exception rather than the rule, and since 2001’s United States v. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
[Kurt Lash] Section Three and the "First Insurrection" … That Wasn't
29 Jan 2024, 8:09 am by Kurt Lash
Akhil Reed Amar (Yale) and Vikram David Amar (Illinois) in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
How a Commitment Rule Would Improve the Choice of Cross-Border Insolvency Forum
28 Jan 2024, 9:05 pm by renholding
Thomas McCarthy Trustee Chair in Law and Political Science at USC Gould School of Law. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/