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23 Feb 2024, 3:39 pm by Steven Calabresi
"  Steven Got Calabresi et al., The U.S Constitution and Comparative Constitutional Law [read post]
18 Jun 2024, 10:43 pm by Steven Calabresi
[A growing threat to the rule of law] Eugene has raised a fascinating subject with respect to unpublished memorandum opinions that cannot be cited. It is not clear to me that the Article III federal courts have the power, as an original matter, to issue opinions that cannot be cited, are not binding precedent, and that are therefore somewhat unconstrained by the rule of law. When I clerked on the Second Circuit and the D.C. Circuit from 1983 to 1985, memorandum opinions accounted for only 20% of… [read post]
24 Jan 2024, 11:18 pm by Steven Calabresi
[George H.W. Bush ended his 1980 presidential primary campaign on May 26, 1980] In 1968, Sen. Eugene McCarthy (D-Minn.) stunned the nation by getting 42% of the vote against incumbent President Lyndon B. Johnson.  President Johnson ended up withdrawing from the presidential race.  On Tuesday, Nikki Haley, who has never been elected to any national office before, just pulled in 43.3% of the vote running against a former Republican President with universal name id who is, in effect, an… [read post]
22 Feb 2012, 8:01 am by Rick Pildes
In a major campaign finance case decided two months ago by the Second Circuit, Judge Guido Calabresi [read post]
29 Jun 2018, 5:03 am by Jim Lindgren
Robert Mueller's appointment violates the Appointments Clause of the Constitution: Professor Steven [read post]
11 Nov 2019, 10:44 am by Steve Lubet
American Prospect: The Conservative Legal Community Is Grasping at Straws to Defend Donald Trump by Steven [read post]
3 Jul 2018, 7:20 am by Ilya Somin
court-packing plan that made waves in legal circles - one offered by famed conservative legal scholar Steven [read post]
30 Apr 2025, 1:07 pm by Steven Calabresi
[Presidential power must stem from the Constitution or a statute, and the tariffs imposed by President Trump are unauthorized by statute, making them both unlawful and unconstitutional.] President Trump has raised or lowered tariffs/taxes, or he has threatened other nations that he will do so, on an almost daily basis since Inauguration Day. He does not have the legal authority to do so. The U.S. Constitution authorizes the imposition of tariffs in the very first clause of Article I, Section 8,… [read post]
22 Jul 2024, 11:07 pm by Steven Calabresi
[My thoughts on this as a policy issue] There is an important issue that reached the Supreme Court in Biden v. Nebraska, 600 U.S. 477 (2023). President Biden and his Vice President, Kamala Harris, are on the record as favoring the use of presidential power to enact student loan relief without an appropriation by Congress. This is both a bad idea and is unlawful, as the Supreme Court explained in Biden v. Nebraska last year. Since then, President Biden has continued his unlawful attempts to… [read post]
10 Feb 2024, 5:12 am by Steven Calabresi
[Trump is the victim of political witch hunts by Democrats suffering from Trump derangement syndrome] The U.S. Supreme Court has said that "A selective prosecution claim is not a defense on the merits to the criminal charge itself, but an independent assertion that the prosecutor has brought the charge for reasons forbidden by the Constitution."  United States v. Armstrong, 517 U.S. 456 (1996). The defendant must prove that "the *** prosecution policy 'had a discriminatory… [read post]
26 Nov 2017, 1:42 pm by Guest Blogger
should respond to the mistreatment of Chief Judge Merrick Garland or any enactment of the proposal of Steven [read post]
18 Jul 2025, 12:59 pm by Steven Calabresi
[It would be a terrible idea to appoint a special counsel to investigate the Jeffrey Epstein suicide and scandal.] President Donald Trump has had an extraordinary first six months in office. To mention just a few of the great things he has done: (1) President Trump bombed Iran to prevent the most terrorist-friendly nation in the world from getting a nuclear bomb; (2) he then ended the Israeli-Iranian war in 12 days, and stopped a war from starting between two nuclear-armed powers, Pakistan and… [read post]
8 Jun 2024, 12:56 pm by Steven Calabresi
[The importance of the secret ballot and of same day voting] In my post yesterday about the 2020 presidential election, I argued that the widespread use of mail in voting because of Covid distorted the election's results. It did so because when people vote at home instead of in a voting booth with a curtain drawn behind them, family members and partisan canvassers observe how those people vote.  The voter will inevitably feel pressure from family members and the canvaser that he would not… [read post]
11 Jan 2024, 8:30 pm by Steven Calabresi
[Ronald Reagan would vote for Nikki Haley over Donald Trump] The Iowa Caucuses are on Monday, four days from now, and its down to a two person races Nikki Haley versus Donald Trump.  Yes, Ron De Santis has not formally conceded yet, and he may even place second in Iowa, but his campaign is all washed up.  He invested a year and much more than $100 million on winning in Iowa, and he is going to lose big time to Trump.  He. will be lucky if he even places second.  And, after… [read post]
30 Dec 2023, 10:43 pm by Steven Calabresi
[Abraham Lincoln pledged in his First Inaugural Address to keep the union together but to allow slavery in the States that had it already] Nikki Haley recently downplayed the role of slavery in the actual starting of the Civil War.  Technically, she is absolutely right.  President Abraham Lincoln in his First Inaugural Address said that he would fight to keep the Union together, and that he would ban slavery in the western territories, but he pledged to forever protect slavery in the… [read post]
12 Sep 2023, 7:35 pm by Josh Blackman
;Officer of the United States"] Professor Steven Calabresi wrote a letter to editors of the Wall [read post]
4 Dec 2017, 4:00 am by Howard Friedman
Worship in England and Wales Registered for the Solemnization of Same-Sex Marriage, (November 24, 2017).Steven [read post]
19 Apr 2007, 12:44 am
Read what the co-founder of the Federalist Society would ask: Congress’s Role By Steven G. [read post]