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12 Feb 2024, 8:20 pm by Stephen Halbrook
  Wilson avers: "The United States Supreme Court disables the states' responsibility to protect public safety, reduce gun violence, and safeguard peaceful public movement. [read post]
12 Feb 2024, 8:30 am by Gritsforbreakfast
Otherwise, the patterns under Margaret were remarkably similar to how José's office runs. [read post]
9 Feb 2024, 12:30 pm by John Ross
But the Michigan Constitution protects the right to use property and engage in any business that doesn't harm the public. [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
"[12] Meanwhile, a New Hampshire newspaper blamed "[t]raitors in the old lady's Cabinet" for "supply[ing] the conspirators with the means of insurrection from the public arsenals," such that "General Scott [was] hampered in his measures to defend the capital. [read post]
7 Feb 2024, 6:25 pm by Marty Lederman
 Presumably because it's inconsistent with arguments in his substantive brief (especially the Sea Clammers argument), and because I assume he wants to reserve the argument that the Joint Session of Congress on January 6, 2025 may not disregard Trump electoral votes on Section 3 grounds, he dropped this argument in his merits briefs.] [read post]
7 Feb 2024, 7:57 am by Karen Gullo
This lack of clarity could ultimately weaken everyone's online safety and security. [read post]
7 Feb 2024, 5:19 am by Will Baude
To be sure, Congress, by two-thirds majority vote of both houses, can remove a disqualification from office imposed by the legal operation of Section Three's first sentence. [read post]
7 Feb 2024, 4:30 am by Michael C. Dorf
As a legal analyst, I regard Trump's side of nearly all of the issues as extraordinarily weak, so I think there's good reason to conclude that he should lose the case overall. [read post]
6 Feb 2024, 7:12 am by Jonathan H. Adler
But at all cost, since the Trump administration took office and now through the Biden administration, the Department of Justice's mission has been, as stated by its own lawyers, "to kill Juliana v. [read post]
6 Feb 2024, 6:30 am by Guest Blogger
In my view, Kavanagh’s “mediated majoritarianism” is clearly related to James Madison's understanding of democracy. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]
2 Feb 2024, 3:24 pm by Eugene Volokh
The statute's language, the anti-Chinese statements from Florida's public officials, and SB 264's impact establish that the law is a blanket ban against Chinese non-citizens from purchasing land within the state. [read post]
2 Feb 2024, 12:50 pm by Neil H. Buchanan
  This is also the underlying constitutional question in the Supreme Court's Moore v. [read post]
2 Feb 2024, 10:32 am by Second Circuit Civil Rights Blog
While the district court said that Rupp has no case because he was unaware he was addressing a police officer, "not knowing that the vehicle's driver was a police had no bearing on whether Rupp's shout was speech on a matter of public concern" and therefore protected under the First Amendment. [read post]
31 Jan 2024, 9:01 pm by renholding
”[17] Defendants have introduced a roadmap for challenging price impact at class certification. [read post]