The Latest Breaking News from Steve Calabresi

Acting through through Section 546, or temporarily through the Federal Vacancies Reform Act, the Attorney General is entitled to appoint U.S. Attorneys for the District of New Jersey and all other federal judicial districts. If done properly, such appointments preempt any need for judges to appoint U.S. Attorneys. But it…

Steve Calabresi's argument that judges cannot make such interim appointments is ultimately unpersuasive, as the Appointments Clause specifically allows Congress to vest such power in the Judiciary.

And it isn't a close case.

"Mr. Tillman has been joined by another legal scholar, Josh Blackman. Together, they have tried to reconstruct the meanings of all these words and phrases."

Oral Argument in Moore v. United States will be held on Tuesday. Must taxes on unrealized gains (crucial for a future wealth tax) be apportioned equally among the states?

An excerpt from Lessig's article in Slate (read the whole piece for more), discussing the same issue that has been discussed on this blog by Profs. Ilya Somin, Steve Calabresi, Will Baude, and Michael McConnell (and see also Jonathan Adler's post citing Prof. Derek Muller): The provision of the 14th…

The opposing view is contrary to the original meaning, and leads to absurd conclusions.

Section 3 civility outside and inside Yale Law School.

"We must not forget that we are talking about empowering partisan politicians such as state Secretaries of State to disqualify their political opponents from the ballot, depriving voters of the ability to elect candidates of their choice. If abused, this is profoundly anti-democratic."