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But this answer was immediately and severely qualified, as Marty Lederman has explained in his exhaustive and expert analysis. [read post]
13 May 2016, 11:12 am by Rebecca Ingber
Jack Goldsmith and Marty Lederman have put forward competing views over whether this lawsuit is a big deal. [read post]
22 Apr 2016, 7:57 am by Amy Howe
”  At Balkinization, Marty Lederman contends that “the supplemental briefing has significantly weakened the petitioners’ efforts to show that the government’s accommodation substantially burdens their religious exercise. [read post]
21 Apr 2016, 5:51 am by Amy Howe
  Commentary comes from Marty Lederman, who at Balkinization argues that, if the Court holds that Texas has standing to bring its lawsuit, the Court “should hold that the Secretary does have authority to confer work authorization on the DAPA aliens, all of whom have already demonstrated that they are likely to remain in the United States, and most of whom are already working, albeit not ‘above board’”; Beth Werlin, who at Immigration Impact addresses… [read post]
16 Apr 2016, 7:54 am by Cody M. Poplin
Jack responded to Marty Lederman on the Obama administration's embrace of the Bush doctrine of preemption. [read post]
15 Apr 2016, 6:22 am by Amy Howe
”  And at Balkinization, Marty Lederman looks at standing and Texas’s argument that it will have to bear the costs associated with issuing driver’s licenses to immigrants in Texas who would be eligible for deferred action under the policy, focusing on “two aspects of the ‘licensing costs’ theory of standing that warrant greater attention. [read post]
14 Apr 2016, 1:25 pm
"Making sense of the supplemental filings in Zubik": Marty Lederman has this post today at the "Balkinization" blog. [read post]
13 Apr 2016, 11:41 am by Elina Saxena
Syrian peace talks resumed in Geneva today as President Bashar al Assad proceeded with parliamentary elections. [read post]
13 Apr 2016, 6:04 am by Amy Howe
”  And at Balkinization, Marty Lederman discusses whether, as Texas alleges, the DAPA policy “transforms unlawful conduct into lawful conduct. [read post]
12 Apr 2016, 12:46 pm by Douglas Cantwell
A host of commentators (respectively, Ashley Deeks, Jack Goldsmith, Daniel Bethlehem, Goldsmith again, Fionnuala Ní Aoláin and Marty Lederman) have weighed-in on why Egan’s definition of “imminence” may seem familiar. [read post]
9 Apr 2016, 9:53 am by Rita Siemion, Heather Brandon
Marty Lederman provided a broad summary over at Just Security and here at Lawfare Jack Goldsmith, Ashley Deeks, and Daniel Bethlehem have been discussing Egan’s treatment of imminence under the jus ad bellum. [read post]
8 Apr 2016, 5:36 am by Benjamin Wittes
Ashley Deeks, Marty Lederman, Jack Goldsmith and Daniel Bethlehem have already commented on State Department Brian Egan's speech at ASIL last week. [read post]
6 Apr 2016, 4:00 am by Ashley Deeks
There has been limited reaction to the Legal Adviser’s speech, though Marty Lederman has a comprehensive post on the speech here. [read post]
25 Mar 2016, 8:27 am by Amy Howe
”  Marty Lederman weighs in on the same question at Balkinization, arguing that such a program “would be far less effective in advancing the primary compelling governmental interest in securing women’s access to effective contraceptive services (and thus reducing unplanned pregnancies and abortions). [read post]
24 Mar 2016, 9:13 am by Andrew Hamm
Additional commentary comes from Garrett Epps at The Atlantic, Adam Feldman at Empirical SCOTUS, Marci Hamilton at Hamilton and Griffin on Rights, Timothy Jost at Health Affairs Blog, Alison Howard at CNS News, Marty Lederman at Balkinization, Justin Sadowsky at Dubitante, David Gans at New Republic, and Sister Simone Campbell in an op-ed for CNN. [read post]
21 Mar 2016, 3:44 am by Amy Howe
[Disclosure: Goldstein & Russell, P.C., is among the counsel on an amicus brief (discussed in the post by Marty Lederman, who is also on the brief) in support of the respondents in Zubik. [read post]
29 Feb 2016, 10:26 pm by Robert Chesney
[UPDATE: Marty Lederman has a good post on the opinion here.] [read post]