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17 Sep 2019, 9:37 am by Margaret Taylor
Analysis As Marty Lederman and Robert Litt have pointed out, it has been the longstanding view of the Executive branch that this and similar statutes must be read to give the President the final word on whether and how classified information will be provided to the congressional intelligence committees. [read post]
9 Sep 2019, 10:14 am by Howard Bashman
And at the “Balkinization” blog, Marty Lederman has a lengthy post titled “Thoughts on the SG’s ‘Lesbian Comparator’ Argument in the Pending Title VII Sexual-Orientation Cases. [read post]
9 Sep 2019, 4:06 am by Edith Roberts
” At Balkinization, Marty Lederman explains why the “common framing of the question [in the two sexual-orientation cases]—based on a hypothetical employer who believes that homosexuality as such is immoral and thus won’t employ gay men or lesbians—is not, in fact, the scenario raised by these cases or, indeed, by virtually any of the reported cases in which employees have alleged that they were fired because of their same-sex orientation. [read post]
23 Aug 2019, 8:54 am by Jonathan Shaub
On Aug. 7, the House Judiciary Committee filed a lawsuit asking a federal court in D.C. to force Don McGahn, former White House counsel, to comply with the committee’s subpoena for his testimony. [read post]
29 Jul 2019, 6:00 am by Quinta Jurecic
There is an intuitive response to this argument, as Marty Lederman pointed out: perhaps the Constitution simply imposes no obligation to impeach, even under the most extreme of circumstances. [read post]
23 Jul 2019, 6:00 am by Josh Blackman
(Professor Marty Lederman summarizes this position in a post, aptly titled "There is no 'mandate.'") Therefore, it is completely irrelevant what Congress did with the 2017 Tax Cuts and Jobs Act (TCJA). [read post]
14 Jul 2019, 4:15 am by SHG
In the comments, prawf Marty Lederman offers a defense of Omari’s victimhood. [read post]
10 Jul 2019, 7:42 am by Howard Bashman
“Dear Judges Elrod, Engelhardt and King”: Marty Lederman has this post at the “Balkinization” blog. [read post]
23 Jun 2019, 7:54 am by Rick Hills
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]
23 May 2019, 7:08 am by Jack Goldsmith
The argument drew disagreement from Benjamin Wittes, Andrew Kent and Marty Lederman, which in turn provoked a response by Josh Blackman, who holds views similar to mine. [read post]
22 May 2019, 3:34 pm by Jonathan Shaub
On May 20, as expected, the White House formally instructed former White House Counsel Don McGahn to refuse to comply with the House judiciary committee subpoena requiring his appearance and testimony. [read post]
17 May 2019, 11:41 am by Josh Blackman
Recently, Benjamin Wittes, Andrew Kent, Marty Lederman and others have begun to do the work that Mueller did not. [read post]
4 May 2019, 7:12 pm by Tom Smith
Georgetown Law professor Marty Lederman wrote at Just Security: “[T]he first huge and striking problem with Barr’s memo is that he unjustifiably makes countless assumptions about what Mueller is doing…From all that appears, Barr was simply conjuring from whole cloth a preposterously long set of assumptions about how Special Counsel Mueller was adopting extreme and unprecedented-within-DOJ views about every pertinent question and investigatory decision. [read post]
26 Apr 2019, 3:59 am by Edith Roberts
” At Balkinization, Marty Lederman argues that “[b]y taking into consideration the fact that the undercount [caused by the addition of the question] would be the result of ‘unlawful’ action–and especially by going so far as to decisively discount the harm of the undercount for that reason–Ross acted arbitrarily and, especially, capriciously. [read post]
13 Apr 2019, 5:54 am by Paras Shah
As Dapo Akande and Marty Lederman explain, the Headquarters Agreement may provide ICC personnel with certain rights and privileges, including access to the headquarters building. [read post]
10 Apr 2019, 1:05 pm by Elena Chachko
  On April 8, the Trump administration designated the Iranian Revolutionary Guard Corps (IRGC) as a foreign terrorist organization (FTO) under Section 219 of the Immigration and Nationality Act. [read post]
24 Mar 2019, 6:09 pm by Ilya Somin
Among the extensive commentary elsewhere, I recommend pieces by Ken White, David French, Noah Feldman, Cass Sunstein, and Marty Lederman, among others. [read post]
11 Mar 2019, 11:29 am by Peter Margulies
Circuit held and Marty Lederman explained in an invaluable post, Mattis’s recommendations—subsequently embodied in a memo by President Trump—did not reinstate a comprehensive ban on transgender service or merely parrot Trump’s first tweet on the subject. [read post]
26 Feb 2019, 4:03 am by Edith Roberts
Commentary comes from Jeremy Dys in an op-ed at Fox News, Andrew Seidel at Rewire.News, Thomas Ascik at National Review, and Marty Lederman at Balkinization. [read post]
25 Feb 2019, 3:44 am by Edith Roberts
” At Balkinization, Marty Lederman looks at Justice Clarence Thomas’ concurrence in the court’s denial of cert last week in defamation case McKee v. [read post]