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15 Nov 2022, 9:01 pm by Neil H. Buchanan
If a state were to pass a law today saying that, say, its governor will decide which slate of electors will represent the state in the Electoral College every four years, that law would not violate the United States Constitution.Now, however, such laws have no prospect of being passed in enough states to guarantee a Republican win in 2024. [read post]
12 Dec 2013, 6:07 pm by Amy Howe
  The Court relied on its 1987 decision in Buchanan v. [read post]
17 Jun 2010, 9:01 pm
Buchanan, 190 So. 2d 575, 577 (Fla. 1966); see also Action Realty and Invs., Inc. v. [read post]
18 Jan 2021, 9:00 pm by Neil H. Buchanan
The relevant constitutional provision, in Section 2 of Article II, states that the President “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. [read post]
14 Sep 2023, 4:24 am by Michael C. Dorf
Our column anticipated that hypocritical lawyers working for Trump would say that the Electoral Count Act is unconstitutional, despite the Supreme Court's reliance on it in Bush v. [read post]
7 Oct 2009, 6:59 am
Yesterday, the Court heard arguments in United States v. [read post]
14 Mar 2017, 9:01 pm by Neil H. Buchanan
It is hardly surprising that politicians are sometimes opportunistic rather than principled. [read post]
25 Aug 2015, 9:01 pm by Michael C. Dorf
The Supreme Court answered that question in the 1898 case of United States v. [read post]
14 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
(That essay also explains the math that we used to derive the 40,100 percent interest rate stated above.)Our overall bottom line does not change, however, because the fundamental objection to all of the gimmicks has less to do with the exact interaction of the words of the key statutes than it does with a fundamental principle of statutory interpretation. [read post]
7 Oct 2015, 6:00 am
This would not be possible without the hard work of our multi-state team composed of Marshall Cohen, Roberta Cooper, Bruce Buchanan and myself, John Gihon. [read post]
27 Nov 2011, 3:50 pm
The rule from that case has been adopted into the law across the United States, and it is now the basis for section 351 of the Restatement (2d) of Contracts. [read post]
12 Oct 2015, 6:00 am
This would not be possible without the hard work of our multi-state team composed of Marshall Cohen, Roberta Cooper, Bruce Buchanan and myself, John Gihon. [read post]
23 Jun 2020, 9:01 pm by Neil H. Buchanan
” It will be: “I didn’t lose, no matter what the evil press and the deep-state conspiracy says. [read post]
8 Jul 2011, 5:20 am
(See, among a zillion examples, anti-miscegenation laws after Loving v. [read post]
27 Jan 2016, 9:01 pm by Neil H. Buchanan
The question of unions’ role in American life found its way into the Supreme Court earlier this month, in the case of Friedrichs v. [read post]
20 Feb 2019, 9:01 pm by Neil H. Buchanan
Because Democrats have passed laws in some states to protect the status quo, should the Supreme Court—freshly packed by Republicans with extreme ideologues—turn the question of abortion rights back to the states by overturning Roe v. [read post]
16 Sep 2021, 5:00 am by Neil H. Buchanan
Is the United States still, as I recently put it, a “Dead Democracy Walking”? [read post]