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Archive of entries posted on February 2013

House Democrats Support BLAG’s Standing in DOMA Case

Probably the most important part of the Bipartisan Legal Advisory Group’s jurisdictional brief in U.S. v. Windsor (the Supreme Court case on the constitutionality of the Defense of Marriage Act) is the first footnote (page ii), which states: The Bipartisan Legal Advisory Group articulates the institutional position of the House in all litigation matters in [...]

Tillman’s Puzzles for Amar (or Who You Callin “Atextual”?)

In this article, Professor Seth Barrett Tillman has six puzzles for Professor Akhil Amar: Puzzle 1. Does “Officer,” as used in the Succession Clause, Encompass Legislative Officers? Puzzle 2. Does Impeachment Extend to Former “Officers”? Puzzle 3. Who are the “Officers of the United States”? Puzzle 4. Is the President an “Officer of the United [...]

Noel Canning Timing

I hear through the grapevine that the Justice Department has decided not to seek en banc review of the Noel Canning decision, but instead will petition for cert on a non-expedited basis, meaning that the case would likely be heard by the Supreme Court next term. Tweet

Recess Appointments Issue Could Reach SCOTUS Sooner than Expected

As explained by the Blog of the Legal Times, an emergency petition has been filed with Justice Ruth Bader Ginsburg raising the validity of the recess appointments to the NLRB. The petition was filed by Paul Clement on behalf of a company that is resisting an NLRB effort to require it to rehire striking nursing [...]

Did the Senate Flub its Cinderella Moment?

On January 24, 2013, the Senate adopted certain rules changes that, according to published reports, will modestly restrict the use of the filibuster, but will not fundamentally alter the minority’s ability to block cloture on matters covered by Rule XXII. It accomplished these changes by adopting S. Res. 15, which provided a new standing order, [...]