John Bolton is Unconstitutional
emaltz at camden.rutgers.edu
Thu Aug 4 04:51:52 PDT 2005
Assuming that Marty is correct on the law in the abstract does he believe
that judicial intervention is appropriate?
At 06:45 AM 8/4/2005 -0400, Marty Lederman wrote:
>"it wants to be pointed out that the courts where these arguments were
>made did not buy them"
>"It" can't always get what it wants . . . but in this case it did: At the
>end of my post I do "point out" that the courts have not been receptive,
>and I even link to the one decision to have actually addressed the issue
>-- that of the en banc court in Stephens.
>----- Original Message -----
>From: <mailto:JMHACLJ at aol.com>JMHACLJ at aol.com
>To: <mailto:marty.lederman at comcast.net>marty.lederman at comcast.net ;
><mailto:conlawprof at lists.ucla.edu>conlawprof at lists.ucla.edu
>Sent: Thursday, August 04, 2005 6:40 AM
>Subject: Re: John Bolton is Unconstitutional
>In a message dated 8/4/2005 6:25:08 A.M. Eastern Standard Time,
><mailto:marty.lederman at comcast.net>marty.lederman at comcast.net writes:
>The first is discussed in great detail in several briefs that my
>co-counsel and I filed on behalf of Senator Kennedy in cases dealing with
>last year's "recess appointment" of U.S. Court of Appeals Judge William
>Pryor. The most detailed of those briefs can be found
><http://balkin.blogspot.com/FranklinFinal.pdf>here. The basic argument is
>that the term "the Recess" refers solely to recesses between "Sessions" of
>the Senate, and not to intra-session adjourments, such as
>one the Senate began last Friday.
>The last person to reject an argument solely because no court has bought
>it would be me.
>But, it wants to be pointed out that the courts where these arguments were
>made did not buy them.
>Also, I found suspect Teddy's decision to go the amicus route after having
>threatened litigation, except that I suspect his wise legal counsel told
>him he would, ultimately, fail.
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