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9 Feb 2024, 3:03 am by Will Baude
The change occurs beginning in the place of the draft that occupies pages 32-33 of the version now posted on SSRN. [read post]
8 Feb 2024, 11:37 am by Josh Blackman
Justice Gorsuch was the most interested questioner on whether the President was an "Officer of the United States. [read post]
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]
7 Feb 2024, 5:15 pm by Administrator
Reilly, 2021 SCC 38, at para. 3; see also R. v. [read post]
7 Feb 2024, 10:30 am by Taylor Gulatsi
In 1938, Congress established a nine-person Oliver Wendell Holmes Devise Committee with representatives from the United States House of Representatives, the United States Senate, and the United States Supreme Court. [read post]
3 Feb 2024, 2:04 pm by Will Baude
As the Supreme Court memorably put it in the case of West Virginia State Board of Education v. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  And strangely, Part II-A of Professor Tillman’s brief devotes six pages to arguing (mistakenly) that “[i]n the Constitution of 1788, the President did not hold an ‘Office … under the United States,'” without arguing that the same is true in Section 3 of the Fourteenth Amendment—let alone that the alleged limited meaning of that phrase in 1788 is a reason for reversing the Colorado Supreme… [read post]
2 Feb 2024, 9:30 pm by ernst
  Scalia, J., thought Presidents were "officers of the United States" (Lawfare). [read post]