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25 Jul 2020, 12:17 pm by Josh Blackman
For example, AEDPA only permits certain habeas relief if a lower-court decision violates "clearly established Federal law, as determined by the Supreme Court of the United States. [read post]
22 Jul 2020, 8:10 am by Daphna Renan
’ Since the earliest days of the Republic, ‘every man’ has included the President of the United States. [read post]
16 Jul 2020, 9:00 pm by Joanna L. Grossman
”Once it was established that adults in the United States had the right to buy and use contraception, the attention shifted to access. [read post]
16 Jul 2020, 2:30 pm by Guest Blogger
Before joining the Court, Justice Kavanaugh had voiceddoubts about the soundness of the Watergate precedents, specifically, the Court’s unanimous United States v. [read post]
11 Jul 2020, 1:30 pm by John Malcolm
Nixon (1974) (which involved a third-party trial subpoena for a federal criminal case not targeting the president) and Clinton v. [read post]
10 Jul 2020, 5:21 pm by Rachel Bercovitz, Todd Carney
Circuit had outlined these “demanding standards” in United States v. [read post]
10 Jul 2020, 2:08 pm by Lawrence B. Ebert
Nixon, 435 U.S. at 598; see also Metlife, Inc. v. [read post]
10 Jul 2020, 7:24 am by Peter Shane
Where Kavanaugh and Gorsuch parted company with the majority was in their preference for applying the “demonstrated, specific need” standard of United States v. [read post]
9 Jul 2020, 8:10 am by Comunicaciones_MJ
”1 Since the earliest days of the Republic, “every man” has included the President of the United States. [read post]
7 Jul 2020, 3:49 pm by Stephen Wermiel
On July 24, the justices ruled 8-0 in United States v. [read post]
25 Jun 2020, 12:13 pm by Matthew Kahn
The Supreme Court in United States v. [read post]
21 Jun 2020, 9:01 pm by Michael C. Dorf
Commenting on the Supreme Court’s controversial rulings on the extent to which the Constitution applied in the territories the United States acquired in the wake of the Spanish-American War, Finley Peter Dunne famously had his character Mr. [read post]
3 Jun 2020, 7:42 am by Marty Lederman
  To be sure, all United States persons, including citizens and taxpayers, have an interest in ensuring that the Executive complies with the law, and acts only when authorized to do so. [read post]
19 May 2020, 6:15 pm by Sandy Levinson
One other quite obvious question:  Assume that one is completely confident that originalism requires independent electors, just as James Madison never ever said he was mistaken in 1791 in arguing that the Bank of the United States was unconstitutional. [read post]