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6 Feb 2024, 7:20 am by Will Baude
And interpreters must resist the temptation to assume that their own views are so obviously correct that all opposing views are in this category – thinking, I am so surely right, that if I were wrong, somebody would have said so! [read post]
3 Feb 2024, 11:29 am by Jonathan H. Adler
As Thomas Merrill noted on this blog, while parts of Chevron stress the need to determine whether Congress delegated a given policy choice to the agency in question, other parts of the opinion suggest ambiguity or silence is sufficient to justify deference. [read post]
3 Feb 2024, 11:27 am by Christopher J. Walker
Perhaps most notably, the Appointments Clause makes it more difficult for the president to remove principal officers—even those whose views are out of the step with the president’s—because the president cannot know whether the Senate will consent to a preferred replacement. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]
3 Feb 2024, 2:00 am
 #To view a list of some of Lucas's other projects, click here: https://linktr.ee/lucasaferrara##drama #filmmaker #filmmakers #actors [read post]
2 Feb 2024, 12:10 am by Kevin
” (See also this essay, from the Illinois point of view.) [read post]
31 Jan 2024, 6:22 am by Guest Author
 As Thomas Merrill has noted, “[a]dministrative rulemaking, at least in its modern guise, is subject to a much more unyielding set of procedural requirements” than legislative statute-making. [read post]
30 Jan 2024, 9:05 pm by renholding
The two approaches have very different implications for how agencies are viewed by courts. [read post]
30 Jan 2024, 5:58 am by Richard Gowan
Linda Thomas-Greenfield, Biden’s well-liked ambassador to the U.N., has lobbied the White House not to block humanitarian initiatives in the Security Council. [read post]
29 Jan 2024, 8:09 am by Kurt Lash
As readers of the blog know, several of our bloggers have expressed their own views on the case, which are quite different from each other, and I'm very glad that the blog provides a forum for those competing views. [read post]
28 Jan 2024, 9:05 pm by renholding
Thomas McCarthy Trustee Chair in Law and Political Science at USC Gould School of Law. [read post]
28 Jan 2024, 8:49 pm by Marty Lederman
  In particular, Trump signed a Statement of Interest form in which he “affirm[ed]” that he “meet[s] all qualifications for the office prescribed by law,” which means that he has attested that, in his view, the Fourteenth Amendment does not bar him from holding the office. [read post]
28 Jan 2024, 7:22 am by Just Security
Rogers, Kate Mackintosh (@Katemackintosh2) and Maksym Popov Global Democracy The Democratic Price of Countering Authoritarianism by Thomas Carothers Political Prisoners / Russia A Lawyer for Political Prisoners on Why He Fled Russia by Vadim Prokhorov U.S. [read post]
26 Jan 2024, 12:37 pm by Guest Author
” But as an empirical matter, this is an overly short-term view of the social media marketplace. [read post]