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The Latest Breaking News from Ed Whelan

When a president settles his own lawsuit to create a fund for allies, fundamental questions about justice arise

Thomas Hobbes took a very dim view of rebels and insurrectionists. He believed that insurrectionists relinquish their status as citizens the moment they seek to overthrow the government and should never be rewarded for doing so.

The Conversation

Revisiting A.A.R.P. v. Trump In Light Of United States v. Maduro

The United States military is like a Denny's.

Reason

Becoming Justice Barrett

Justice Barrett's new book is not a memoir. Though she sprinkles the book with some anecdotes about her family, Listening Law… The post Becoming Justice Barrett appeared first on Reason.com.

Reason

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David French Is Right: Judges Do Seek The "Respect" Of Their Peers

And that is the problem.

Reason

What Message Does Emil Bove's Nomination Send To Justices Thomas and Alito?

Do you really think Justices Thomas and Alito would prefer another Justice Barrett?

Reason

The Coming Judicial Nomination Wars On The Right

Yesterday, I mused on whether the President may ignore geographic constraints when selecting circuit court nominees. The impetus behind that… The post The Coming Judicial Nomination Wars On The Right appeared first on Reason.com.

Reason

Is POTUS Or SCOTUS More To Blame In A "Clash Of Illegalities"?

Our expectations must be much higher for the unaccountable Supreme Court than the popularly-elected President.

Reason

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Trump Takes Dangerous Steps Towards Defying Court Orders in Garcia Abrego Case

The Supreme Court ruled they administration must "facilitate" the return of an illegally deported migrant imprisoned in El Salvador at its behest. They have responded by doing virtually nothing to comply.

Reason

Trump's Judge Bashing Provokes a Rebuke From Chief Justice John Roberts (Again)

"Impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts noted after Trump said federal judges who impede his agenda should be fired.

Reason

Chief Justice John Roberts Rightly Condemns Trump's Call to Impeach Judges who Rule Against Him

There is no justification for such impeachment efforts.

Reason

Or Maybe Chief Justice Roberts Was Talking About The Democratic Senators Backing The Equal Rights Amendment?

A federal court ruled that the ERA could not be adopted. Democrat members of Congress told President Biden to adopt it anyway.

Reason

Trump and recess appointments: A procedural and legal quagmire - Roll Call

Republicans may allow Trump to temporarily fill vacancies with recess appointments. But that approach comes with its own complications.

Roll Call

Could President Trump Recess Appoint His Entire Cabinet Under Justice Scalia's Noel Canning Concurrence?

Would a person serving under the Vacancies Reform Act, who resigns, create a vacancy for purposes of the Recess Appointments Clause? Would a presidential adjournment of Congress be an inter-session or an intra-session recess?

Reason

The Supreme Court After The 2024 Election

The more things change, the more things stay the same.

Reason

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Reason

What Exactly Did Justice Barrett Agree With Chief Justice Roberts On About Presidential Immunity?

We know that she didn't agree on the evidentiary issue. Beyond that, the disjunction is unclear.

The Independent UK

Trump says ‘Clinton socks case’ gets him off the hook – what was it and is he right?

The case referenced by Mr Trump has nothing to do with the ex-president’s late cat — or the charges against him

The Texas Tribune

How an old law found new life in lawsuit seeking to revoke approval of abortion pill

Anti-abortion advocates are trying to revive the long-dormant 1873 Comstock Act, which banned mailing of anything related to abortion or contraception, in a lawsuit about mifepristone, an abortion-inducing drug.

Reason

Stanford President and Stanford Law School Dean Apologize to Judge Kyle Duncan

From today's letter (posted by Ed Whelan [National Review Online]): Dear Judge Duncan, We write to apologize for the disruption of your recent speech at Stanford Law School. As has already been communicated to our community, what happened was inconsistent with our policies on free speech, and we are very…

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Salon

Alarm over Kellyanne Conway's $1M+ deal

Conway quietly sold her polling firm to right-wing SCOTUS takeover architect Leonard Leo while advising on nominees

Reason

Retraction as to Steve Calabresi and Ed Whelan on the Independent State Legislature Theory

Steve Calabresi writes: In my post yesterday, I was under the mistaken impression that Ed Whalen had bought into the radical "Independent State Legislature Theory" that the North Carolina State Legislature was arguing for yesterday in the U.S. Supreme Court. This is also a theory that former President Donald Trump…

Reason

[RETRACTED] Calabresi Responds to Whelan on State Legislatures and Moore v. Harper

What is meant by "each State by the Legislature thereof" that prescribes how to conduct elections?

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