Fifth Avenue Freeze Out

It’s a lively session in the faculty lounge as professors Richard Epstein and John Yoo parse the case for impeachment, and analyze some of the biggest cases coming before the Supreme Court: will a new lineup of justices change the Court’s approach to abortion regulation? Will a ruling about the Consumer Financial Protection Bureau deal a blow to the administrative state? Are gay and transgendered employees protected by the 1964 Civil Rights Act?All that plus a detour into antiquities law, a (partial) endorsement of imperialism, a POTUS busted for speeding, and an answer to America’s most burning legal question: could the president literally shoot someone on Fifth Avenue and not pay a price?

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There are 6 comments.

  1. EtCarter Listener

    I love Law Talk. Please, keep providing us with (weekly?) Podcast.

    • #1
    • October 26, 2019, at 4:05 PM PST
    • 5 likes
  2. Petty Boozswha Member

    A jury is sometimes offered alternative verdicts – First Degree vs Second Degree Murder vs Manslaughter. Could McConnell or Roberts offer the Senate an option of Conviction on Impeachment or Censure if the Senate finds that Trump overstepped with his quid pro quo?

    • #2
    • October 27, 2019, at 1:20 PM PST
    • Like
  3. Jason Obermeyer Member

    I thought the question in Morrison v. Olsen was whether or not a judicial branch officer could wield a limited amount of executive power. The independent counsel under that statute was appointed by a panel of judges. The question in that case wasn’t whether the independent counsel could be fired, but whether the judicial branch could appoint an officer who wielded executive power at all. The court said yes because the power was so narrow. 

    Dismissal wasn’t directly discussed if I recall. It wasn’t the President trying to fire the independent counsel, it was Ted Olson trying to stop the investigation from even happening. 

    • #3
    • October 28, 2019, at 5:53 PM PST
    • Like
  4. Jason Obermeyer Member

    Petty Boozswha (View Comment):

    A jury is sometimes offered alternative verdicts – First Degree vs Second Degree Murder vs Manslaughter. Could McConnell or Roberts offer the Senate an option of Conviction on Impeachment or Censure if the Senate finds that Trump overstepped with his quid pro quo?

    I have a vague recollection of Censure being done almost like a resolution rather than as alternative punishment. This is the first time I have heard of them being formally connected. 

    • #4
    • October 28, 2019, at 5:55 PM PST
    • Like
  5. LibertyDefender Member

    Finally!

    @richardepstein mentions what I’ve been saying ever since I read the Constitution:

    Impeachment and conviction does NOT require removal from office

    except in cases of Treason, Bribery, or other High Crimes and Misdemeanors.

    Petty Boozswha (View Comment):

    A jury is sometimes offered alternative verdicts – First Degree vs Second Degree Murder vs Manslaughter. Could McConnell or Roberts offer the Senate an option of Conviction on Impeachment or Censure if the Senate finds that Trump overstepped with his quid pro quo?

    The Senate can try any impeachment any way it wishes, as long as it is done on oath or affirmation, with the Chief Justice presiding over the trial.

    The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.

    So of course the Senate could consider any variety of sentences for any variety of offenses, lesser included or no (except in cases of Treason, Bribery, or other High Crimes and Misdemeanors).

    • #5
    • October 29, 2019, at 3:06 PM PST
    • 1 like
  6. Dr. Strangelove Thatcher

    Well, it finally happened: the gang had a conversation about the Greeks losing their marbles.

     

     

     

    • #6
    • October 29, 2019, at 5:24 PM PST
    • Like