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The Latest Breaking News from Marbury

Luttig: "A rebuke from the nation's highest court … could well cripple Mr. Trump's presidency and tarnish his legacy"

No, this fight will not end well for the courts.

Reason

Is it time for a judges' strike?

There is a case to be made that the United States is a "vexatious litigant"

Salon

Members of the International Criminal Court Need To Relearn The Lesson of Marbury v. Madison

Jefferson likely would have ignored any command from Chief Justice Marshall, and Marbury did not issue such a command.

Reason

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Part I: Foundational Cases on Constitutional Structure

An Introduction To Constitutional Law Video Library: Chisholm v. Georgia (1793), Marbury v. Madison (1803), McCulloch v. Maryland (1819), Gibbons v. Ogden (1824), Barron v. City of Baltimore (1833)

Reason

"Goodbye, Chevron: Rediscovering the Virtues of an Independent Judiciary"

You could also call this "Why people who hate Trump should love reining in agencies' power to determine their own power."

Reason

John Roberts: Federalist Revisionist and Judicial Supremacist

The Chief Justice retconned Federalist Nos. 37 and 78.

Reason

Trump And Special Counsel Clash Over Supreme Court Decision Interpretation

Legal battle between Trump and Smith over Marbury v. Madison implications on presidential immunity.

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Prof: Trump lawyers would fail my class

Trump team's Supreme Court brief on criminal immunity gets low marks

Salon

SCOTUS is broken — can it be fixed?

After Dobbs, many Americans woke up to the Roberts court's dangerous power. But history offers lessons — and hope

Salon

4 Reasons Trump Says a Judge Should Dismiss Charges in the Classified Documents Case

His lawyers assert presidential immunity and discretion, criticize an "unconstitutionally vague" statute, and question the special counsel's legal status.

Reason

The D.C. Circuit Unanimously Rejects Trump's Audacious Presidential Immunity Claim

The appeals court says it "cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter."

Reason

Former Presidents Do Not Enjoy Blanket Criminal Immunity

So says the DC Circuit Court

Reason

Federal Court Again Refuses to Dismiss Juliana Climate Case

Judge Aiken's reckless defiance of legal rules is turning the "Kids Climate Case" into a zombie climate case.

Reason

Supreme Court Confirms That State Legislatures Can't Ignore the Constitution When Writing Election Rules

Chief Justice John Roberts decisively rejected the independent state legislature theory.

Reason

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Reason

Roaming Polansky and the Constitutionality of Qui Tam

Three decades later, the George H.W. Bush SCOTUS strategy finally has three votes.

Salon

Will SCOTUS enshrine minority rule?

The "independent state legislature" theory is a ludicrous fringe position. Will that stop the right-wing justices?

Reason

A Draft of "Severability First Principles" is Now Available

For several years, I have been thinking about the doctrine of severability -- what happens when courts conclude that a part of a law is unconstitutional? I have come to believe that this is fundamentally just a question about "say[] what the law is," as Marbury v. Madison put it.…

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