Whether to impeach the President need not depend on whether he incited the attack on the Capitol or stopped just short of incitement. (A sentence I never expected to write.) One proper ground for impeachment is rather simpler, and a matter of public record. Last Wednesday, Trump publicly urged Vice President Pence to interfere with […]
I promised quite a while ago to say more about Ford Motor Co. v. Montana Eighth Judicial District Court, the personal jurisdiction case heard this term. (Transcript here; Howard Wasserman’s SCOTUSBlog summary here.) The Justices seemed to find the case difficult, which it is—both under modern doctrine and under the original rules. At oral argument, […]
Jonathan Adler’s post sets out some of the legal problems with a purported self-pardon by the President. (For more, see the arguments that Andrew Hyman laid out here.) Those arguments make sense to me, but there’s also a practical problem involved. An attempt at self-pardon might also be self-defeating: it might encourage precisely the federal […]
The oral argument transcript in California v. Texas (the ACA case) makes for interesting reading. Here’s my sense of where things stand—not a prediction of how the Justices will vote, but how I’d evaluate the arguments at this point. TL;DR: The plaintiffs have standing, but only under their ‘bank-shot’ theory of inseverability. Because they lose on […]
A few days ago the CEO of Expensify, an expense reporting company, sent out a blast email endorsing Joe Biden. The email went, not just to the CEO’s friends and contacts, and not just to Expensify’s employees, but to all of Expensify’s customers, and to all of their employees—that is, to anyone who submits expense […]
