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Archive of entries posted on April 2013

The Government’s Trick Question in Noel Canning

The first question presented by the administration’s cert petition in the Noel Canning case turns out to be a trick question: “Whether the President’s recess-appointment power may be exercised during a recess that occurs within a session of the Senate, or is instead limited to recesses that occur between enumerated sessions of the Senate.” Why [...]

Miranda, Congress and the Boston Marathon Bombing Suspect

A few years ago the Obama Administration considered asking Congress for legislation to expand the “public safety” exception to Miranda v. Arizona, 384 U.S. 436 (1966), so as to allow law enforcement officials to hold and interrogate suspected terrorists without providing the so-called “Miranda warnings.” I argued that existing Supreme Court precedent did not preclude [...]