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The Commander in Chief's Signature

Oct 15, 2008
The Washington Post this morning reports that the White House twice issued memoranda to the CIA authorizing the use of its so-called "enhanced" interrogation techniques. I'm not quite sure why this is breaking news. President Bush, after all, has alr...

The Subterranean World of Abortion Politics

Sep 18, 2008
[For The Conference on The Future of Sexual And Reproductive Rights]Barry Friedman Much of the conference commentary thus far has focused, for evident reasons, on the Supreme Court. Yet, it also is the case that the world of abortion is subterranean,...

This is Really Pretty Amazing

Jul 31, 2008
In a 93-page opinion in the Miers/Bolton contempt case, Judge Bates not only rejects all of the various Administration arguments against justiciability, but goes so far as to reach the merits and hold that there is no basis for the DOJ argument that ...

Why Is There a Legal Question About the Special Operations Raids in Pakistan?

Nov 30, 1999
President Bush secretly approved orders in July that for the first time allow American Special Operations forces to carry out ground assaults inside Pakistan without the prior approval of the Pakistani government,

Does Karl Rove have to testify before Congress?

Nov 30, 1999
Congressman John Conyers' recent subpoena to Karl Rove raises the interesting (and unsettled) question whether former Presidents can successfully invoke executive privilege to prevent their former aides...

Challenging the Constitutional Framework for Media Regulation

Dec 23, 2009
Over the past few weeks, academics and lobbyists have been debating a First Amendment issue--namely, how the First Amendment applies to an Internet access rule called network neutrality (about the the rule, see here and here; about the First...

Why not hang for a sheep?

Dec 21, 2009
Jack endorses Paul Krugman's altogether correct call for a national movement to change the operating rules of the Senate to limit, if not outright eliminate, the filibuster. I, of course, concur, though, ironically, perhaps the most defensible occasion...

Obama's Constitutional Moment, Part Two

Dec 21, 2009
Paul Krugman calls for a change in the Senate rules: Democrats won big last year, running on a platform that put health reform front and center. In any other advanced democracy this would have given them the mandate and the ability to make major...

More on filibustering (this time with accurate information)

Dec 19, 2009
First, some of you may note that I have deleted my previous post on the filibuster. Not only did I use highly inappropriate language about Senator Nelson and even. perhaps, Lieberman, but, even more to the point, a reader noted that I was wrong about...

The Tragic Sense of Health Insurance Reform

Dec 19, 2009
It looks like there are now 60 votes behind the "The Patient Protection and Affordable Care Act", and the set of amendments to it released today. For the sake of this post, I will assume that this Senate bill will basically be the template for health...


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