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19 Mar 2018, 5:30 am by Steve Vladeck
As Marty Lederman has explained, “The fact that many people came to see the Independent Counsel Act as a bad idea—including for some of the reasons described by Justice Scalia in his lone Morrison dissent—does not mean that they think it was unconstitutional. [read post]
26 Feb 2018, 10:14 am by Nienke Grossman
Marty Lederman recently called out a conference at the University of San Diego for having 14 men and one woman, on Twitter: “We academics (present company included) should stop treating this as acceptable/unremarkable. [read post]
11 Jan 2018, 11:51 am by Rick Hills
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]
3 Jan 2018, 2:57 pm by Benjamin Wittes
I'm thrilled I'll be able to do so again at GULC. https://t.co/iF4qVHrnPp — Marty Lederman (@marty_lederman) January 3, 2018 Doug is heading to Georgetown Law’s Institute for Constitutional Advocacy and Protection (ICAP), which accounced his move as follows: Letter will serve as senior litigator from practice at ICAP, which has both spearheaded and supported a variety of high-impact litigation since its launch in August. [read post]
2 Jan 2018, 7:33 pm by Jonathan H. Adler
As Marty Lederman notes in a post highly critical of the SG's office: Because of this action by the SEC, the question presented will not "continue to arise absent this Court's intervention," nor will "the Commission's ability to enforce the nation's securities laws [be] put on hold pending this Court's resolution of the question presented. [read post]
2 Jan 2018, 4:28 am by Edith Roberts
” Briefly: At Balkinization, Marty Lederman and David Luban weigh in on the government’s cert petition in Hargan v. [read post]
31 Dec 2017, 10:36 am by Marty Lederman
By Marty Lederman and David LubanThis coming Friday, the Supreme Court Justices are scheduled to consider, at conference, the government’s nominal “petition for certiorari” in No. 17-654, Hargan v. [read post]
26 Dec 2017, 8:16 am by David Luban
  As Marty Lederman explainedin a recent post, at 9:30 p.m. on the 24th, Doe’s guardian ad litem emailed the Texas shelter and the AUSA to inform them of the new 4:15 appointment time—a step that was necessary in order to inform the shelter employees of when they had to allow Doe’s transport to the clinic, regardless of whether that appointment would be for counseling with the second doctor or an abortion with the first. [read post]
26 Dec 2017, 4:26 am by Edith Roberts
” At Balkinization, Marty Lederman takes a close look at the solicitor general’s arguments to the Supreme Court in the unaccompanied-minors’ abortion litigation. [read post]
25 Dec 2017, 7:40 am
" And at the "Just Security" blog, Marty Lederman has a post titled "Judge Chutkan's Ruling on the Unidentified U.S. [read post]
22 Dec 2017, 4:25 am by Edith Roberts
” At Balkinization, Marty Lederman unpacks the solicitor general’s recent brief requesting a stay of a lower-court order that required a pregnant teenager to be released from immigration custody in order to obtain an abortion. [read post]
20 Dec 2017, 4:12 am by Edith Roberts
Briefly: At Balkinization, Marty Lederman explains why, in Masterpiece Cakeshop v. [read post]
19 Dec 2017, 4:28 am by Edith Roberts
At Balkinization, Marty Lederman discusses the government’s arguments in the case. [read post]
10 Dec 2017, 6:29 am by SHG
” In response to Will Baude’s twit about Heidi Bond’s post, Georgetown lawprof Marty Lederman calls Judge Kozinski a “monster. [read post]
3 Dec 2017, 9:02 pm by Robert Chesney
  Marty makes this point well in his post, but I cannot resist piling on here. [read post]
29 Nov 2017, 12:00 pm by Brett M. Kavanaugh
PDF version A review of David Barron's Waging War: The Clash Between Presidents and Congress, 1776 to ISIS (Simon & Schuseter, 2016). *** Perhaps the single most important question in American constitutional law is whether the president has authority to take the nation into a foreign war without congressional approval—that is, without either a congressional authorization for the use of force or a congressional declaration of war. [read post]