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21 Feb 2019, 9:05 am by Eugene Volokh
Professors Walter Dellinger and Marty Lederman even filed in support of neither party, saying that this particular Peace Cross ought not be a problem, but other ones they can imagine probably would be. [read post]
6 Feb 2019, 8:15 am by Ashley Deeks
(For an extremely comprehensive account of congressional efforts to regulate executive military operations in a way that conflicts with executive preferences, see the two Harvard Law Review articles by David Barron and Marty Lederman. [read post]
24 Jan 2019, 4:14 am by Edith Roberts
At Just Security, Marty Lederman assesses the implications of Tuesday’s 5-4 decision “to stay two of the injunctions that district courts have imposed to bar implementation of the 2018 Mattis policy” barring service in the military by most transgender individuals. [read post]
11 Jan 2019, 1:30 pm
Marty Lederman, a former top Obama administration lawyer, attacks the memo for “conjuring from whole cloth a preposterously long set of assumptions” about Mueller’s investigation. [read post]
8 Jan 2019, 3:57 am by Edith Roberts
At Just Security, Marty Lederman considers the pending stay motions and petitions for certiorari before judgment in a group of challenges to the Trump administration’s ban on service in the military by most transgender people, in order “to highlight some interesting ways in which DOJ has recently tried to frame the merits of the case, and, more broadly, to unpack just what’s at stake in these challenges. [read post]
4 Jan 2019, 6:20 am by Jack Goldsmith
I agree with Marty Lederman that much of this fine-grained analysis is beside the point because Mueller is almost certainly not considering asking a grand jury to indict President Trump for a violation of a criminal law on obstruction of justice. [read post]
22 Dec 2018, 8:43 am by Neil Siegel
As Marty Lederman and I have separately explained, it is legally untenable for Judge O'Connor to have held that Congress requires an enumerated power to impose no material or expressive consequences on anyone.3. [read post]
20 Dec 2018, 4:04 pm by Mikhaila Fogel, Benjamin Wittes
Over at Just Security, Marty Lederman has what he describes as a “first take” on Barr’s memo, which is to say a detailed critique of it on both constitutional and statutory grounds. [read post]
18 Dec 2018, 4:00 am by Michael C. Dorf
For a good explanation of what's wrong with (1), I recommend Professor Marty Lederman's post on Balkinization. [read post]
17 Dec 2018, 10:44 am by Bob Bauer, Quinta Jurecic
Our colleague Marty Lederman has written that the campaign finance offenses “pale[] in comparison” to President Trump’s other impeachable offenses “in terms of gravity, proof that he's unfit to serve, and, in Charles Black's words, whether it's so seriously threatening the order of political society … as to make his continuance in office ‘pestilent and dangerous. [read post]
20 Nov 2018, 3:48 am by Edith Roberts
” At Balkinization, Marty Lederman explains why one of the court’s newest cases for OT 2018, In re Department of Commerce, et al., a dispute arising out of a challenge to the administration’s decision to add a question about citizenship to the 2020 census, is “a very strange, almost inexplicable, grant. [read post]
18 Nov 2018, 2:30 pm by David Lat
* Walter Dellinger and Marty Lederman offer their analysis of the Office of Legal Counsel memo, written by Assistant Attorney General Steve Engel, on the appointment of Matthew Whitaker as Acting Attorney General. [read post]
17 Nov 2018, 10:29 am by David Kris
Marty Lederman has done a great job explaining the various early arguments, pro and con, as to whether Whitaker is, as a matter of statutory or constitutional law, duly appointed as the acting attorney general. [read post]
10 Nov 2018, 12:48 pm by Will Baude
More information and sources are available from Marty Lederman and Andrew Hyman and Michael Ramsey. [read post]
8 Nov 2018, 9:07 pm by Michael C. Dorf
As Marty Lederman notes, another statute, the AG Succession Act (AGSA) provides for the order of succession in case the office of AG is vacant and the Senate has not yet confirmed a new presidentially-nominated AG. [read post]
25 Oct 2018, 11:44 am by Howard Bashman
” At “Just Security,” Marty Lederman has a blog post that begins, “Two weeks from today, on Thursday, November 8, a panel of the U.S. [read post]