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7 Aug 2020, 11:54 am
As Marty Lederman notes, more important questions remain about whether the House has a cause of action, whether there is testimonial immunity, and other executive-privilege objections to the subpoenas. [read post]
2 Sep 2013, 5:45 am
In a very interesting pair of posts, Marty Lederman provides reason to think that President Obama may have this view as well. [read post]
22 Apr 2018, 2:59 pm
Marty Lederman explores the scope-of-injunction issue; he concludes that if the court reaches the scope question, it may be entirely dicta. [read post]
11 Jan 2018, 11:51 am
Adam Cox, Marty Lederman, and Cristina Rodriguez have offered four paragraphs over at Balkinization on why Secretary Duke's rescission of DACA might be illegal because Duke's reasons for the decision were "arbitrary and capricious" under APA section 706. [read post]
1 Dec 2015, 10:34 am
And at "Just Security," Marty Lederman has a post titled "Reflections from the en banc al Bahlul oral argument. [read post]
24 Sep 2015, 7:01 am
(H/T: Marty Lederman). [read post]
2 Jun 2017, 5:18 pm
But commentators such as Marty Lederman and Mark Tushnet have suggested that the case either will soon be moot, or could be made moot without the entry ban ever going into effect. [read post]
27 Sep 2018, 5:40 am
(Marty Lederman analyzes the arguments). [read post]
1 Aug 2015, 7:44 pm
[Thanks to Marty Lederman via Religionlaw for the lead.] [read post]
23 Jun 2019, 7:54 am
Following my post below on Gundy, I got some typically thoughtful push-back from Nick Bagley (on Twitter) and Marty Lederman (in the comments) that I thought deserved a whole new post on why I think that mushy doctrine cannot generally be the vehicle for a constitutional revolution. [read post]
8 Sep 2015, 10:54 am
" (H/T: Marty Lederman). [read post]
13 Feb 2007, 5:29 pm
Marty Lederman recently kicked off a discussion about why Judge Michael McConnell is not Justice Michael McConnell. [read post]
22 Aug 2007, 12:51 pm
Let me recommend the exchange of comments between Marty Lederman and Nathan Wagner - thoughtful, and capture the views at issue very well. [read post]
3 Jun 2014, 8:04 am
It is now claiming, as Marty Lederman notes, that it complied with the statute because it determined “that the notification requirement should be construed not to apply to this unique set of circumstances. [read post]
16 Jul 2014, 10:51 am
This morning, Marty Lederman and I have posted a detailed analysis of Monday’s en banc D.C. [read post]
5 Sep 2013, 11:29 am
This statement support Marty’s interpretation. [read post]
3 Apr 2007, 8:37 pm
10:47 AM | Marty Lederman | Comments (0) As Lyle explains below, the Court today denied the cert. petitions in the Guantanamo detainee cases, choosing instead to wait until the Pentagon's detention decisions have been reviewed by the U.S. [read post]
31 Dec 2011, 1:20 pm
by Marty Lederman By Marty Lederman and Steve Vladeck* Section 1021 of the NDAA and the Laws of War In our companion post, we explained that section 1021 of the NDAA will not have the dramatic effects that many critics have predicted–in particular, that it will not affect the unresolved question of whether the 2001 Authorization for Use of Military Force (AUMF) would authorize a future President to place a U.S citizen or resident who is apprehended in the… [read post]
29 Jul 2007, 1:58 pm
As long as Jeralyn, Orin Kerr and Marty Lederman are speculating about what the legal dispute was that triggered the 2004 Comey crisis, I am going to throw my 2 cents in too. [read post]
2 Feb 2024, 8:50 am
Marty Lederman (Georgetown) on <i>Trump v. [read post]
