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Jan 18, 2025 | 
justsecurity.org | Marty Lederman |Asha Rangappa |Xiangnong Wang |Paras Shah |Clara Apt
On Friday, Jan. 17, the U.S. Supreme Court upheld the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act, the law which could effectively ban TikTok from operating in the United States, unless it is sold to a U.S. company. The case is the latest round in a legal battle involving free speech, national security, and the popular social media app, which is used by more than 170 million Americans.
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Jan 15, 2025 | 
justsecurity.org | Tom Joscelyn |Marty Lederman |Paras Shah |Clara Apt
Just after midnight on Tuesday, January 14, Special Counsel Jack Smith’s office released its report on President-elect Donald Trump’s efforts to overturn the 2020 presidential election. The report concludes that the evidence Smith obtained was sufficient to criminally convict Trump, but that after the 2024 election the case could not move forward in light of Justice Department policy against prosecuting a sitting president.
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Jan 2, 2025 | 
balkin.blogspot.com | Marty Lederman
It's true that a court can, under certain circumstances,enjoin a government actor from enforcing a statute. And perhaps one can assume—on a very generous reading of the amicus brief—that that’s what Trump is, in effect, asking the Court to do.
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Jan 1, 2025 | 
balkin.blogspot.com | Marty Lederman
Front page Balkin.com Balkinizationan unanticipated consequence ofJack M.
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Nov 4, 2024 | 
justsecurity.org | Marty Lederman
On July 15, Judge Aileen Cannon held that Attorney General Merrick Garland lacked statutory authority to appoint Jack Smith as a Special Counsel to investigate and prosecute federal criminal charges against former President Donald Trump. On the basis of that holding, Judge Cannon granted Trump’s motion to dismiss the indictment against him in the case involving documents retained at Mar-a-Lago.
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Oct 15, 2024 | 
justsecurity.org | Marty Lederman
On August 6, the United States submitted “written observations” to the International Criminal Court (ICC) concerning the Prosecutor’s investigation of the “Situation in the State of Palestine.” In that submission, the United States made two principal arguments.
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Sep 23, 2024 | 
balkin.blogspot.com | Marty Lederman
Note the astonishing leaps Roberts makes there. First, he cites Justice Jackson as authority for the proposition that a presidential constitutional authority is "sometimes" preclusive (in the sense of being immune from statutory regulation).
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Sep 16, 2024 | 
justsecurity.org | Marty Lederman
This article was originally published on Sept. 16, 2024. It is now updated on Oct. 7, 2024 following the public release on that day of Israel’s two submissions to the International Criminal Court. Substantive updates are identified in the body of the text below.
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Jul 24, 2024 | 
balkin.blogspot.com | Marty Lederman
Wednesday, July 24, 2024 The Nixon Tapes Case at 50: Why Judge Cannon Was Wrong to Reject the Supreme Court's Statutory Holding Marty Lederman Posted 9:55 AM by Marty Lederman [link] Books by Balkinization Bloggers Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024) Jack M.
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Jul 24, 2024 | 
justsecurity.org | Marty Lederman
Fifty years ago today, the Supreme Court issued its landmark ruling in United States v. Nixon. Nixon involved the constitutionality of a subpoena for tapes that District Judge John Sirica issued to the sitting President at the behest of Leon Jaworski, a “special prosecutor” who had an unprecedented degree of independence from DOJ leadership (and from the President). Jaworski was appointed to his position by Acting Attorney General Robert Bork.
