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19 Feb 2024, 8:57 am by John Mikhail
Much of the evidence I discuss here has been ignored or overlooked in the existing scholarship on Section Three, and most of it does not appear in any of the briefs in Trump v. [read post]
13 Feb 2024, 11:53 am by Phil Dixon
Bruen challenge to sentencing enhancement for being an unlawful user of controlled substances was not plain error U.S. v. [read post]
12 Feb 2024, 6:48 pm by Howard Bashman
“A Fifth Circuit immigration order lays bare a conservative divide on the appeals court; It’s ‘mad vibes’ judges v. legal conservatives in a sign of just how far right the federal appeals court has gone that covers Louisiana, Mississippi, and Texas”: Chris Geidner has this post at his Substack site about an order, and the opinions concurring therein and dissenting therefrom, that the en banc U.S. [read post]
8 Feb 2024, 7:53 am by Alex Phipps
Simmons, 543 U.S. 551 (2005), holding death sentences for juveniles violated the Eighth Amendment; Miller v. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
As I explained in one of my earlier posts, several or all of the Justices might be inclined to decide the case on some ground that doesn’t require the Court to decide whether Donald Trump is eligible to be President, if such an “off-ramp” solution is legally available. [read post]
29 Jan 2024, 10:46 am by Frank O. Bowman, III
Founding Both the 1777 Articles of Confederation and the U.S. [read post]
27 Jan 2024, 7:54 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman] On January 18, Professor Akhil Reed Amar and Professor Vikram Amar filed an amicus brief in Trump v. [read post]
16 Jan 2024, 1:44 pm by Ilya Somin
When he filed a takings claim in state court, Texas removed the case to federal court under 28 U.S. [read post]
9 Jan 2024, 9:01 pm by Josh Blackman
We discussed these articles and issues in our recently-filed amicus brief before the U.S. [read post]