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The Latest Breaking News from Michael Dorf

Is the supreme court ready to stand up to Trump over Federal Reserve attack?

Conservative majority appears eager to hand president greater power – with one exception: the US central bank

The Guardian - US

Chief Justice Roberts on the Declaration of Independence

Roberts' year-end report on the federal judiciary includes some notable statements about the Declaration and its relevance to constitutional interpretation and judicial review.

Reason

Electing a virtuous president would make immunity irrelevant, writes a political philosopher

The Supreme Court’s decision that grants presidents immunity from criminal prosecution for their “official acts” has been met by alarm by many legal scholars. Constitutional lawyer Michael Waldman referred to the decision as an “instruction manual for lawbreaking presidents,” while law professor Michael Dorf noted that the ruling would seemingly…

The Conversation

From analysis to the latest developments in health,
read the most diverse news in one place.

Who Can Sue the Food and Drug Administration?

If doctors cannot sue the FDA for failing to restrict pharmaceuticals or other products, can anyone else? And if not, is this a problem?

Reason

Now Published: "The First Amendment and Refusals to Deal"

It's part of the University of the Pacific (McGeorge Law School) Law Review symposium on Israel, Palestine, and the First Amendment, and it's based on amicus briefs that I had filed together with Profs. Michael Dorf and Andrew Koppelman. You can read the article here; here's the opening paragraph and…

Reason

Challenge to Georgia BDS Law Loses on Qualified Immunity Grounds

The Eleventh Circuit therefore avoids deciding whether such laws are constitutional.

Reason

Why the Debt Limit Is (Still, Really) Constitutional

Biden still wants to explore the 14th Amendment—but it isn't a presidential authority, and the debt limit doesn't create a constitutional "trilemma."

Reason

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Why Do We Have a Debt Limit?

Critics of the limit are right that it wasn't intended as an ex post check on spending, but its history makes constitutional objections difficult to fathom.

Reason

S. Ct. Denies Review of Eighth Circuit En Banc Case Upholding Arkansas "Anti-BDS" Statute

The statute required no-boycott-of-Israel terms in Arkansas government contracts; the Eighth Circuit had held that the law doesn't violate the First Amendment.

Reason

"Third-Party Standing" Doctrine Shouldn't be Used to Block Lawsuits Challenging Biden's Student Loan Forgiveness Plan

Legal scholar Michael Dorf claims Supreme Court should rule on this basis. But the doctrine doesn't apply to this case, and is dubious anyway.

Reason

Can a trillion-dollar coin end the US debt-ceiling standoff?

Advocates say such a coin would be one option to bypass the debt ceiling, but others believe the measure would not be legally sound

The Guardian - US

Challenging ballot petitions, a Chicago political tradition, may be on its way out

Objections to nominating petitions reach a 40-year low in this year’s municipal election cycle. “I think everybody was surprised at how few challenges there were,” said longtime Chicago election attorney Michael Dorf.

Chicago Sun-Times

Chris Welch and the fight for control of Illinois Democratic Party

Once Gov. J.B. Pritzker leaves office, the next Democratic governor will likely benefit from the precedent set by this intra-party battle.

Chicago Sun-Times

Samuel Alito, a workhorse on the Supreme Court, shapes its conservative path

The justice has played a key role on the court, often leading the charge not just on abortion, but for expanded religious rights, against LGBTQ rights, against expanded voting rights, and more

WEKU

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Reason

Anti-BDS Laws' Certification Requirements

Michael Dorf, Andrew Koppelman, and I have written elsewhere about why we think laws banning government contractors from refusing to deal with Israeli companies are generally constitutional. In this respect, we think such bans are like the government barring universities that get government funds from excluding military recruiters from recruitment…

Reason

"Anti-BDS" Statute Imposing No-Boycott-Israel Term in Arkansas Government Contracts Is Constitutional

So holds the Eighth Circuit, sitting en banc.

Reason

A Bit More on the Florida Disney Special Government District Repeal Controversy

I blogged about this controversy Friday, and then quoted Prof. Michael Dorf's and an experienced appellate lawyer's take on Monday. Another lawyer, Dilan Esper, had a Twitter thread pointing to Kensington Volunteer Fire Department v. Montgomery County (4th Cir. 2012), which suggests that the legislature's motivation for repealing the special…

The Independent UK

Man accused in shootings of homeless men in New York and DC worked at venue with locations in both cities, police say

The court document does not describe an apparent motive for attacks that police said targeted homeless men, some of them as they slept

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