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17 Apr 2024, 9:03 am by Josh Blackman
For those interested in reading further, we discuss the sword-shield dichotomy in Sweeping and Forcing (pp. 389–404); see also Anderson v. [read post]
14 Feb 2024, 3:05 pm by Marty Lederman
Anderson, to account for things that arose at oral argument last Thursday. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
  The short version is that it’s a stone-cold loser, not least because it would have absurd ramifications (such as that it would mean Jefferson Davis would’ve been disqualified from serving in virtually any federal or state office except the presidency and vice-presidency, and that the Foreign Emoluments Clause wouldn’t prohibit the President, Vice-President, and members of Congress from accepting titles, offices, gifts or emoluments from foreign… [read post]