John Elwood, with respect to the trend toward more recess appointments by the president, and especially the recent intrasession appointment of Donald Berwick: It is certainly not without controversy, however;.
It's bad enough that we're saddled with "originalism" as a theory of constitutional interpretation. But it takes Fred Hiatt & Co. to advance the argument that Congress should be bound.
Today's "Bong Hits 4 Jesus" case actually turns on relatively narrow grounds. The problem with Roberts' opinion is that it turns on a claim that punishing the student was justified.
Eric Muller calls an exchange between Michael Stokes Paulsen and Jed Rubenfeld about the latter's new book in the Yale Law Journal "head-turningly nasty," and Ann Bartow agrees. While I.
Sam Alito has given a very helpful interview to the fine folks at Fafblog!:FB: Now back around then you also wrote a memo saying the Attorney General can't be sued.
Paperwight and Mark Kleiman are, of course, correct: the President's bizarre invocation of Dred Scott is about abortion. Lest you think this is a reach, let's turn it over to Nino, in.
The Super Bowl and public mass shootings are core American practices of the 21st century that were bound to be joined eventually: Several people have been shot after gunfire erupted.
Akhil Amar argues that the SCOTUS ought to deal with Trump v. Anderson by allowing each state to decide individually if Donald Trump is eligible to be elected president, given.
