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The Latest Breaking News from Paul Clement

Trump’s DOJ makes it easier for presidents and advisors to keep communications hidden

The opinion argues Trump’s decision-making process would be impeded without the expectation of privacy — even when speaking with those outside of the executive branch

The Independent UK

The Antipreemption Court

Another decision where the conservatives line up against federal preemption.

Reason

Appeals court questions Trump executive orders targeting law firms

A federal appeals court appeared skeptical Thursday of a push from President Donald Trump to punish four major law firms, in a case that could outline the bounds of presidential power and have broader ramifications for the legal industry. The three-judge panel of the U.S. Court of Appeals for the…

Roll Call

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Brendan Carr's 'Equal Time' Threat Against The View Is Blatantly Unconstitutional, ABC Says

The FCC chairman seems determined to impose a requirement that would amount to a ban on interviews with political candidates.

Reason

Justice Thomas Assigns Himself A Majority Opinion

The preemption case may affect the Roundup argument next week.

Reason

US appeals court denies bid from families of Boeing 737 Max crash victims to reopen criminal case

A federal appeals court in the United States has denied a request to reopen a criminal case against Boeing tied to two fatal crashes of 737 Max jets

The Independent UK

It's Elementary, My Dear Watson

The 2000 and 2020 elections are still on the Justices' minds.

Reason

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Supreme Court sounds ready to limit counts of late-arriving ballots

The Supreme Court appeared ready during oral arguments Monday to restrict state laws allowing the counting of late-arriving ballots, in a challenge to Mississippi’s state law on absentee ballots. Mississippi allows state officials to count mail ballots that were postmarked on or before Election Day but arrive up to five…

Roll Call

Families of plane crash victims ask US appeals court to revive a criminal case against Boeing

Thirty-one families that lost relatives in two Boeing 737 Max crashes have asked a federal appeals court to revive a criminal case against the aircraft manufacturer

The Independent UK

The Presumption of Regularity Returns to SCOTUS

Trump Firing Lisa Cook, Jack Smith Indicting Donald Trump.

Reason

The Full Taft

Paul Clement used a very fitting image to describe President Taft's hefty approach to due process.

Reason

Can The President Provide Notice on Truth Social?

Justice Jackson doubts whether Trump's social media post could have put Lisa Cook on notice that she would be removed.

Reason

Supreme Court airs doubts over Trump’s power to fire Fed member

The Supreme Court appeared ready to rule against President Donald Trump’s push to immediately remove Federal Reserve Board member Lisa Cook.

Roll Call

Federal Officer Removal in Plaquemines Parish

Justice Barrett is thinking about Chief Judge Pryor's holding that Mark Meadows could not remove the Georgia criminal prosecution to federal court.

Reason

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Reason

SCOTUS Tackles Illegal File Sharing, Internet Music Piracy, and Copyright Law

Plus: It’s webathon time.

Reason

The Asymmetry on Standing for Liberals and Conservatives

Justice Kagan acknowledged an unspoken truth in standing law: it is easier for blue litigants to have standing than for red litigants.

Reason

SCOTUS Still Has PTSD From The 2020 Election

The Court will likely find standing in Bost to avoid the "nightmare scenario" of cancelling votes after they are cast.

Reason

"The Article III of the Deal" by Paul Clement

In Bost, Paul Clement engaged in negotiations with the Justices about the proper standing rule.

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Reason

Debating the UCLA Anti-Israel Encampment

Even if the encampment organizers' behavior was reasonable, the university's behavior was still illegal.

Al Jazeera

US judge rejects Trump’s lawsuit against Maryland federal court system

Trump administration sued the court system, including 15 federal judges, over rulings against his immigration agenda.

The Guardian - US

US justice department drops corruption case against New York mayor Eric Adams

Judge said Trump officials’ push to have case dropped ‘smacks of a bargain’ over immigration enforcement

Reason

How the Government Should Deal with Lawyers' Alleged Bad Behavior: Substance and Procedure

Last week, I posted an excerpt of Paul Clement's arguments as to why the Executive Order targeting the WilmerHale law… The post How the Government Should Deal with Lawyers' Alleged Bad Behavior: Substance and Procedure appeared first on Reason.com.

Reason

Paul Clement's Argument Against the Executive Order Targeting the WilmerHale Law Firm

It's a lawyer's argument, not an attempt at objective analysis. But I think that on balance it is generally quite correct, and powerfully framed.

Roll Call

Supreme Court sounds skeptical of ending FCC program - Roll Call

A majority of the Supreme Court appeared reluctant Wednesday to wipe out a Federal Communications Commission program.

Reason

Remember When The Obama Administration Pressured Baker Hostetler To Drop Its Representation In House of Representatives v. Burwell?

I have a very hard time getting worked up over revoked security clearances.

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