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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
  See Term Limits, 514 U.S. at 925 (Thomas, J., dissenting) (“I do not mean to suggest that States have unbridled power to handicap particular classes of candidates, even when those candidates enjoy federally conferred advantages that may threaten to skew the electoral process. [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/
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/
A Response to Brendan Carr and Nathan Simington on the Market Power of Social Media Platforms, by Sarah Oh Lam
7 Feb 2024, 10:05 am by Guest Author
  [3] Thomas G. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
December 2023 Law Faculty Publications & News
7 Feb 2024, 9:35 am by fjhinojosa
Rosen’s article Katcoff v. [read post]
The Reporter - https://texastechlawlibrary.wordpress.com
[Eugene Volokh] Court Upholds Disbarment of Lawyer for In-Court Misconduct, Including Lawyers' Allegations of Anti-Female, Anti-Disabled, and Pro-Jewish Bias
6 Feb 2024, 2:54 pm by Eugene Volokh
Thomas G. [read post]
The Volokh Conspiracy - http://www.volokh.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
 § 1, cl. 1, likewise vests the executive Power in “the President of the United States of America. [read post]
Balkinization - http://balkin.blogspot.com/
Lenity and Agency Deference in Garland v. Cargill, by Tess Saperstein
31 Jan 2024, 6:22 am by Guest Author
 As Thomas Merrill has noted, “[a]dministrative rulemaking, at least in its modern guise, is subject to a much more unyielding set of procedural requirements” than legislative statute-making. [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
”). [3] Beth Israel Hosp. v. [read post]
The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/
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/
A User’s Guide to Trump v. Anderson, Part One: Why the U.S. Supreme Court Might Resolve the Case Even Though Its Decision Probably Won’t Affect the Colorado Presidential Primary Election Ballot
28 Jan 2024, 8:49 pm by Marty Lederman
 Trump v. [read post]
Balkinization - http://balkin.blogspot.com/
FAQs about the NetChoice Cases at the Supreme Court, Part 1
28 Jan 2024, 4:48 pm by Daphne Keller
Clarence Thomas has been the most outspoken on relevant topics, strongly expressing concerns about major platforms’ power over public discourse. [read post]
Stanford Center for Internet and Society Blogs - http://cyberlaw.stanford.edu/blog
[Josh Blackman] Professor Akhil Reed Amar and Professor Vikram Amar Retreat From Their "Global" Rule for the "Offices" and "Officers" of the Constitution
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
A Response to Brendan Carr and Nathan Simington on Texas HB20, by Thomas Berry
26 Jan 2024, 12:37 pm by Guest Author
To do so they attempt to distinguish Miami Herald v. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
[Stephen Halbrook] Second Amendment Roundup: Agency "Guidance," Interpretive Regulations, and Chevron
25 Jan 2024, 6:55 pm by Stephen Halbrook
In Guedes v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Eugene Volokh] Prof. Thomas Merrill on "The Chevron Argument: Ambiguity Versus Delegation"
25 Jan 2024, 5:01 am by Eugene Volokh
Raimondo and Relentless, Inc. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/