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19 Feb 2024, 8:57 am
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]
15 Feb 2024, 11:41 pm
” That case, now styled Murthy v. [read post]
13 Feb 2024, 11:53 am
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
“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]
9 Feb 2024, 11:37 am
[This is the second installment in a series about the oral argument in Trump v. [read post]
8 Feb 2024, 9:36 am
Lash's response to the Amar brothers' amicus brief in Trump v. [read post]
8 Feb 2024, 7:53 am
Simmons, 543 U.S. 551 (2005), holding death sentences for juveniles violated the Eighth Amendment; Miller v. [read post]
7 Feb 2024, 4:05 am
In Landor v. [read post]
6 Feb 2024, 3:36 pm
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]
6 Feb 2024, 8:59 am
Smotherman, Reading Between the Wines: Granholm v. [read post]
31 Jan 2024, 12:59 pm
Less than two weeks after the hearing in Louisiana v. [read post]
29 Jan 2024, 6:04 pm
You can access today’s order of the U.S. [read post]
29 Jan 2024, 10:46 am
Founding Both the 1777 Articles of Confederation and the U.S. [read post]
27 Jan 2024, 7:54 pm
[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]
26 Jan 2024, 9:01 am
Todd Buchwald, former Special Coordinator and Ambassador for the U.S. [read post]
24 Jan 2024, 1:35 pm
In the case of Hudson v. [read post]
18 Jan 2024, 11:11 pm
V. [read post]
16 Jan 2024, 1:44 pm
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
We discussed these articles and issues in our recently-filed amicus brief before the U.S. [read post]
9 Jan 2024, 11:59 am
Heller, 554 U.S. 570 (2008). [read post]