Procedural Shenanigans for Lawbores I should get out and do something. Before I do--two notes here. One is from Irishspy , who suggests that, were Hillary to be elected, Governor Spitzer could fill her Senate seat with Bill Clinton. It turns out that this would be legal in New York, and that the statute restricting family members being appointed to the Cabinet would not on the face of it apply to the Senate. There is some rather unseemly shoving going on at the minute. However, the Senate is capable of sitting in executive session. An argument could be made that foreign policy and defense are powers ultimately rooted in the Senate, not just the Presidency; and that the President has no power of appointment to executive positions without the advice and consent of the Senate. How would the Supreme Court deal with this? It's a lawyer's issue. The court of course deals only with what it chooses to deal with, and the election or appointment of senators is a matter of state law exce...
This is a collection of personal and largely unedited observations covering the years from 2006 to now; I assert my copyright but am fine with links and footnotes. Some posts are obviously much more researched than others, and any errors are wholly mine except where I have innocently disseminated or linked to other bloggers or commentators.