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A Reality Check on "Officers of the United States" at the Founding

19 Feb 2024, 8:57 am by John Mikhail

Much of the evidence I discuss here has been ignored or overlooked in the existing scholarship on Section Three, and most of it does not appear in any of the briefs in Trump v. [read post]

Balkinization - http://balkin.blogspot.com/

[Josh Blackman] Oral Arguments in Trump v. Anderson Part III: Justice Kavanaugh Gets Griffin's Case and Justice Barrett gets FedCourts

9 Feb 2024, 1:28 pm by Josh Blackman

The relevant precedent would be Arizona v. [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

Brown, 415 U.S. 724, 738 (1974) (as applied to candidates for President and Congress); Jenness 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

Brown, 415 U.S. 724, 738 (1974) (as applied to candidates for President and Congress); Jenness v. [read post]

Balkinization - http://balkin.blogspot.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/

[Eugene Volokh] New Univ. of Texas Law Class on "Understanding Conservative Legal Thought"

9 Jan 2024, 12:05 pm by Eugene Volokh

Kelo v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Sasha Volokh] The Myth of the Federal Private Nondelegation Doctrine, Part 2

28 Nov 2023, 7:27 am by Sasha Volokh

And Gundy v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Blog Post: Third LexisNexis African Ancestry Network Fellowship Projects Address Creation of Greater Equity and Accessibility in the U.S. Legal System

22 Aug 2023, 9:00 pm by Sherica Celine

The participants, selected from a large applicant pool representing all six law schools in the Historically Black Colleges and Universities Law School Consortium (HBCULSC), are: Jai’Ehir Jackson-Hawkins and Veronica Alba, Florida A&M University College of Law Morigan Tuggle, Lauren Fleming and Favour Okhuevbie, Howard University School of Law Zaria Graham and Larry Futrell, North Carolina Central University School of Law Qwantaria Russell, Tatiyana Brown-Harper, Skylar… [read post]

Legal Insights Blog - https://www.lexisnexis.com/community/insights/legal/

:@WilliamBaude: Last month's episodes of Divided Argument

1 Aug 2023, 5:01 am by Will Baude

Harper. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Justice Alito's Interview in the Wall Street Journal

31 Jul 2023, 11:50 am by Josh Blackman

Harper, in which he was joined by the three liberals and Justice Kavanaugh, along with Justice Amy Coney Barrett in the latter case. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] SDNY "Believe[s]" In Dictum That President An "Officer of the United States" for purposes of Federal Officer Removal Statute

19 Jul 2023, 1:29 pm by Josh Blackman

Harper, 864 F.2d 85, 86 (9th Cir. 1988). [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Progressives Should Be Grateful For President Trump's Not-So-Conservative SCOTUS Picks

17 Jul 2023, 8:10 am by Josh Blackman

In June 2022, Justice Breyer retired, and was replaced by Justice Ketaji Brown Jackson. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Decisions of the United States Supreme Court handed down on January 23, 2023 through and including June 30, 2023

15 Jul 2023, 6:00 am by Public Employment Law Press

Brown A 600/1 56 6/30/23 22-506 Biden v. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Decisions of the United States Supreme Court handed down on January 23, 2023 through and including June 30, 2023

15 Jul 2023, 6:00 am by Public Employment Law Press

Brown A 600/1 56 6/30/23 22-506 Biden v. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

SLS Faculty Weigh In on Recent SCOTUS Decisions in Roundup of the 2022-2023 Term

13 Jul 2023, 12:06 pm by Legal Aggregate

It’s especially galling that the court cloaked an attack on integration in the equal-protection clause of the 14th Amendment and the Brown v. [read post]

Legal Aggregate - https://law.stanford.edu/legal-aggregate/

[Josh Blackman] Biden v. Nebraska and the DACA Litigation

4 Jul 2023, 11:38 pm by Josh Blackman

Brown & Williamson Tobacco Corp., 529 U.S. 120, 133–35 (2000). [read post]

The Volokh Conspiracy - http://www.volokh.com/

Huzzah for the Court in Moore v. Harper

4 Jul 2023, 9:02 pm by Vikram David Amar

Justices Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan—esp. [read post]

Verdict - http://verdict.justia.com/

The Not-so-Subtle Vices of a None-too-Passive Supreme Court

4 Jul 2023, 9:01 pm by Michael C. Dorf

Griswold v. [read post]