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Separation of Powers, Tortious Interference, and Affirmative Action (September 5, 2023)
Good Morning and Happy Tuesday! We trust that the Labor Day holiday treated you well. Law and Legitimacy stayed true with Norm and Mike going live at the normal time. If you need a beat, take one and catch up on yesterday's discussion.
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We have big topics today:
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› A new Georgia law, S.B. 92, creates an 8-member 'Prosecuting Attorneys Oversight Commission,' which will being accepting formal complaints on October 1, 2023. Fulton County District Attorney is among the first within the crosshairs, ostensibly due to the prosecution of leading Republican candidate for President, Donald J. Trump, and 18 co-defendants. Is this formation of such a body constitutional?
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› Elon Musk posted several times yesterday indicating an impetus and willingness to sue the Anti-Defamation League (the "ADL"), which he asserts is responsible for X's cratering advertising revenues. What legal bases might Elon have?
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› Reformer and modern legend, Edward Jay Blum, has filed two (2) new lawsuits seeking to strike at the heart of affirmative action policies in the private sector. Mr. Blum is the attorney responsible for the successful outcomes at the Supreme Court this term, having representing both plaintiffs in their respective cases against Harvard and the University of North Carolina at Chapel Hill for discriminatory admissions practices.
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