In the meantime, the justices left in place a lower court injunction against the plan. That probably doesn't bode well for the Biden Administration's chances of winning.
Biden Administration Asks Supreme Court to Lift Injunction Blocking their Massive Loan Forgiveness Program
The Supreme Court's resolution of this procedural issue may be a preview of the justices' views on the ultimate resolution of the student loan forgiveness litigation.
According to the former president's lawyers, his decision to retain the documents made them "personal."
The decision overrules a trial court ruling and likely paves the way for a decision on the merits striking down the program.
Participants include Daniel Farber, Keith Whittington, Cristina Rodriguez, Lisa Heinzerling, and myself, among others.
The lack of statutory authority is the main issue raised by legal challenges to the plan.
National Constitution Center Project Offers Constitutional Amendment Proposals with Broad Cross-Ideological Support
The proposals were agreed on by members of the conservative, libertarian, and progressive teams participating in the NCC's earlier constitution drafting project.
The lawsuit has a more conventional - and stronger - basis for standing than that filed yesterday by the Pacific Legal Foundation.
It was filed by Pacific Legal Foundation public interest lawyer Frank Garrison, and includes a novel strategy for getting around the problem of standing.
Gov. Jay Inslee says Washington state's COVID-19 emergency will finally come to an end on October 31.
Relying on Section 432(a) of the Higher Education Act of 1965, as some propose, has many of the same flaws as the Administration's emergency powers theory.
The president claims broad authority to act under a post-9/11 law.
D.C. Circuit Upholds the Bump Stock Ban, Saying It Is Consistent With the 'Best Interpretation' of the Law
It is hard to see how, given the contortions required to deliver the unilateral prohibition that Donald Trump demanded.
I am one of the relatively few people who think the Court got both cases right.
The 5th Circuit Considers Whether the Trump Administration Was Legally Authorized To Ban Bump Stocks
Regulators imposed the ban based on a highly implausible and counterintuitive reading of federal law.
Implementing policy is supposed to be difficult given that it could affect millions of people’s lives.
The "waiver" opens the door for Bannon to testify before the congressional January 6 Committee. But former presidents are not entitled to executive privilege, and especially not when it comes to testimony by private citizens.
Supreme Court Ruling in "Remain in Mexico" Case is a Win for Biden, Migrants—and Fans of Presidential Power
The ruling likely allows end of a cruel policy - but also reinforces broad presidential control over immigration.
If home insulation is a "critical technology item essential to the national defense," then what isn't?
Like AUMFs before it, Rep. Adam Kinzinger’s proposed authorization would lead to less transparency in conflicts and more unilateral decision making.
Life is returning to "normal" after two years, but that normal includes even fewer limits on executive powers.
My New Article on "Nondelegation Limits on COVID Emergency Powers: Lessons from the Eviction Moratorium and Title 42 Cases"
The eviction moratorium and Title 42 "public health" expulsion cases have many parallels that may have been ignored because of their differing ideological valence. Both strengthen the case for nondeferential judicial review of the exercise of emergency powers.
Someone might want to remind them that Democrats have a majority in both congressional chambers.
Then why even have a legislature?
The New York State Supreme Court ruled that Governor Hochul and the health commissioner did not have the authority to mandate a masking requirement
Starbucks has decided the vaccine mandate isn't good for their business
In the Case That Blocked OSHA's Vaccine Mandate, the Justices Disagreed About When COVID-19 Counts As a Workplace Hazard
The crux of the argument is the distinction "between occupational risk and risk more generally."
Divided Sixth Circuit Panel Refuses to Stay Injunction Against Vaccine Mandate for Federal Contractors
The panel rejects the argument that the Federal Property and Administrative Services Act allows the federal government to require vaccination for nearly one-fifth of the American workforce.
A new bill would transfer the review of petitions from the Justice Department to a presidentially appointed board.
Will the Supreme Court step in?
District Court Issues National Injunction Against Biden Administration Vaccine Mandate for Federal Contractors
Two federal district courts have now ruled against the mandate for federal contractors.
In denying the former president's claims of executive privilege, a federal judge sets a blueprint which should apply to sitting presidents as well.
A panel of the court will hear Trump’s challenge to the release of material on an expedited basis.
In a well-reasoned opinion, the district court rejects the former President's efforts to prevent the release of information by the National Archives to the January 6 Committee.
The history isn’t unambiguous, but it leans toward expanding impeachment beyond criminal offenses.
The expulsions, ordered by the CDC for the supposed purpose of stopping the spread of Covid-19, are illegal for much the same reasons as was the CDC eviction moratorium recently struck down by the Supreme Court.
A broad standard with no exceptions better serves his goals, but it will be harder to defend in court.
The presidency has always been inclined to unilateral power—and many Americans like it that way.