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The Latest Breaking News from Steve Calabresi

The Defense Challenge to Alina Habba's Appointment is Weak

A defendant has challenged Acting New Jersey U.S. Attorney Alina Habba's appointment under the Federal Vacancies Reform Act, but he has no real case under the statute's plain language.

Reason

The Attorney General Can Put Her Own Legal Team in Place—through U.S. Attorneys in New Jersey and Elsewhere

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…

Reason

The Statute Allowing Judges to Appoint Interim U.S. Attorneys is Constitutional

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.

Reason

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Bipartisan Group of Prominent Legal Scholars and Former Government Officials Files Amicus Brief Supporting Our Case Challenging Trump's "Liberation Day" Tariffs

Signers include Steve Calabresi, Harold Koh, Richard Epstein, Michael McConnell, Alan Sykes, former Attorney General Michael Mukasey, and others.

Reason

A Tribute to Gene Meyer

The 2024 Federalist Society National Lawyers Convention is a wrap. I already wrote about our change of venue from the… The post A Tribute to Gene Meyer appeared first on Reason.com.

Reason

No, Trump Does Not Have a First Amendment Defense In His New York Criminal Case

A response to Steve Calabresi.

Reason

Insurrection, Rebellion, and January 6: Rejoinder to Steve Calabresi [updated with brief further rejoinder]

"Insurrection" and "rebellion" should not be conflated. But the events of January 6 readily meet the criteria for both.

Reason

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The January 6 Attack was an Insurrection

And it isn't a close case.

Reason

Natelson on the Offices and Officers of the Constitution in 1788 and 1868

"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."

Reason

The Amar Brief in Moore Should Not Be Embraced: Part 2

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?

Reason

Prof. Larry Lessig (Harvard) Criticizing the § 3 Disqualification Argument as to Trump

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…

Reason

Why President Trump is an "Officer" who Can be Disqualified From Holding Public Office Under Section 3 of the 14th Amendment [Updated]

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

Reason

Professor Akhil Amar, On His Podcast, Responds to Attorney General Mukasey and the Tillman-Blackman Position

Section 3 civility outside and inside Yale Law School.

Reason

Prof. Michael McConnell, Responding About the Fourteenth Amendment, "Insurrection," and Trump

"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."

Reason

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Steve Calabresi on Moore v. Harper

Leading originalist constitutional law scholar comments on the Supreme Court's recent rejection of independent state legislature theory.

Reason

Retraction as to Steve Calabresi and Ed Whelan on the Independent State Legislature Theory

Steve Calabresi writes: In my post yesterday, I was under the mistaken impression that Ed Whalen had bought into the radical "Independent State Legislature Theory" that the North Carolina State Legislature was arguing for yesterday in the U.S. Supreme Court. This is also a theory that former President Donald Trump…

Reason

[RETRACTED] Calabresi Responds to Whelan on State Legislatures and Moore v. Harper

What is meant by "each State by the Legislature thereof" that prescribes how to conduct elections?

Reason

Is "Necessary and Proper" a Hendiadys? Responding to Calabresi, Kostial, and Lawson

Like the Dude, McCulloch v. Maryland abides. Steve Calabresi, Elise Kostiel, and Gary Lawson have a new paper called "What McCulloch v. Maryland Got Wrong: The Original Meaning of 'Necessary' Is Not 'Useful,' 'Convenient,' or 'Rational.'" Anyone interested in McCulloch should read their article, but I want to keep the…

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