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The Latest Breaking News from Ed Whelan

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?

The Supreme Court After The 2024 Election

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

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.

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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 Independent UK

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.

The Texas Tribune

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…

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

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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…

[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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