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27 Apr 2024, 2:40 pm by Marty Lederman
 In truth, they're best understood to stand for this far-more-modest proposition, which appears in the 1995 OLC opinion on which Trump places the most weight:  “[A] statute that does not by its express terms apply to the President may not be applied to the President if doing so would raise a serious question under the separation of powers. [read post]
22 Apr 2024, 5:00 am by Bernard Bell
  Speaking through Justice Amy Coney Barrett, the Justices elaborated upon their less constricted version of the “authority or duty” test in a way that provides some guidance to government officials. [read post]
5 Mar 2024, 8:13 am by Marty Lederman
  In theory, the Court “has an obligation to satisfy itself … of its own jurisdiction," Steel Co. v. [read post]
19 Feb 2024, 8:14 am by Josh Blackman
 ] [This post is co-authored with Professor Seth Barrett Tillman] On Thursday, February 15, 2024, Professor Mark Graber published a post on Balkinization titled "The Enforcement Act of 1870: Disqualification Myths and Realities. [read post]
7 Feb 2024, 7:45 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] Michael Luttig, who served on the U.S. [read post]
10 Jan 2024, 11:14 pm by Josh Blackman
[This post is co-authored with Seth Barrett Tillman] On Friday, the Supreme Court granted certiorari in Trump v. [read post]
9 Jan 2024, 9:01 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] In our view, the phrase "Officers of the United States" does not refer to the President. [read post]
9 Jan 2024, 11:59 am by Josh Blackman
Today, my co-counsel and I filed an amicus brief on behalf of Professor Seth Barrett Tillman in support of the Petitioner. [read post]
23 Dec 2023, 7:16 pm by admin
Joiner had can cause small-cell lung cancer.[13] Perhaps the most egregious lapses in scholarship occur when Ranges, a newly minted scientist, and her co-author, a full professor of law, write: “For example, Bendectin, an antinausea medication prescribed to pregnant women, caused a slew of birth defects (hence its nickname ‘The Second Thalidomide’).49”[14] I had to re-read this sentence many times to make sure I was not hallucinating. [read post]
8 Dec 2023, 7:54 am by Josh Blackman
[Five Responses to the Jefferson Davis Horrible] [This post is co-authored with Professor Seth Barrett Tillman]. [read post]