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24 Jan 2019, 4:14 am
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
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
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
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
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]
17 Dec 2018, 10:44 am
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]
17 Dec 2018, 5:00 am
Marty Lederman articulated this position in a recent Balkinization post. [read post]
20 Nov 2018, 3:48 am
” 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
* 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
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
More information and sources are available from Marty Lederman and Andrew Hyman and Michael Ramsey. [read post]
25 Oct 2018, 11:44 am
” 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]
10 Oct 2018, 6:01 am
[Thanks to Marty Lederman and Seth Tillman via Religionlaw for the lead.] [read post]
1 Oct 2018, 3:54 am
Marty Lederman on Balkanization looks at developments in Hargan v. [read post]
27 Sep 2018, 5:40 am
(Marty Lederman analyzes the arguments). [read post]
2 Aug 2018, 4:50 am
Georgetown lawprof Marty Lederman rejects the notion, calling it a “red herring. [read post]
24 Jul 2018, 7:10 pm
” Marty Lederman has this post at the “Balkinization” blog. [read post]
24 Jul 2018, 4:39 am
” At Balkinization, Marty Lederman explains why “[t]he most striking thing about Justice Alito’s majority opinion” in Janus v. [read post]
3 Jul 2018, 5:32 am
” At Balkinization, Marty Lederman argues that even though “most early reports of the Supreme Court’s decision last Tuesday in Trump v. [read post]
