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3 Feb 2024, 9:52 am by Marty Lederman
 Section 3 of the Fourteenth Amendment provides:No person [1] shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, [2] who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to… [read post]
1 Feb 2024, 9:44 am by Farrah Nagrampa
The Moving Image and Sound Branch of the National Archives doesn’t just hold motion pictures. [read post]
31 Jan 2024, 7:10 am by Marty Lederman
  Perhaps one or more of the possible outcome-determinative “swing” states (e.g., Arizona, Georgia, Michigan, Nevada, New Hampshire, North Carolina, Pennsylvania, Wisconsin) would omit his name, although even that is highly speculative, as it would depend upon questions of state-law authority and who controls the executive and judicial branches of the particular state. [read post]
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]
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]
30 Jan 2024, 7:16 am by Daniel Deacon
Much of that reorientation from deference to delegation was already accomplished in United States v. [read post]
29 Jan 2024, 10:46 am by Frank O. Bowman, III
Constitution which provides that, “The United States shall … protect each [state] against invasion. [read post]
28 Jan 2024, 9:05 pm by Richard J. Pierce, Jr.
In its 1984 opinion in Chevron v. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
" The "global" category of officers, according to the Amars, extends only to positions in the Executive and Judicial Branches. [read post]
24 Jan 2024, 3:12 pm by Adam White
The courts must do their own constitutional job, and in a way that best helps the other branches to do their own constitutional jobs. [read post]
23 Jan 2024, 5:50 am by Michael C. Dorf
Dept. of Commerce and Loper Bright Enterprises, Inc. v. [read post]
19 Jan 2024, 3:49 am by Andrew Lavoott Bluestone
With respect to the state court cases, the defendants failed to submit evidence establishing, prima facie, the absence of at least one essential element of the legal malpractice cause of action (see Aqua-Trol Corp. v Wilentz, Goldamn & Spitzer, P.A., 197 AD3d 544, 545; Fricano v Law Offs. of Tisha Adams, 194 AD3d 1016, 1018). [read post]