A Simple Way to Help Protect DACA Against Legal Challenges
President-elect Joe Biden has promised to fully reinstate DACA. But such a move will surely be challenged in court. Here's an easy way to reduce the risk that such challenges might succeed.
President-elect Joe Biden has promised to fully reinstate DACA. But such a move will surely be challenged in court. Here's an easy way to reduce the risk that such challenges might succeed.
All five cases were recommended to the White House by commutation recipient Alice Marie Johnson.
The implications of this move are as yet unclear.
As a professor, Judge Barrett expressed a skepticism of Executive Power that is uncommon among Republican nominees.
Plus: DOJ sues over Melania Trump adviser's book, Justice Clarence Thomas wants to limit Section 230, and more....
The divided 2-1 decision is the first court of appeals ruling to rule on the legality of a key part of the funding diversion effort.
Mail-in ballots typically take days or sometimes weeks to be counted, so don't expect results on Election Night this year.
Giving one man control of all nuclear weapons is a mistake.
Whitmer helped spark a national debate over the limits of executive power.
The court concludes that the ban is illegal in large part because the broad authority claimed by the president violates the nondelegation doctrine.
Some possible answers to these questions from leading experts on the subject.
The opinion was written by prominent conservative Judge David Sentelle.
Under the broad terms of a 1934 federal law, the president has the authority to seize emergency control of almost any electronic device in the country.
The Trump presidency has been a stress test for maximalist theories of presidential power.
If only that signaled a broader respect for legal limits on executive power.
There’s nothing good about censoring communication platforms citizens want to use.
I coauthored it with Harvard Law School Professor Randall Kennedy.
Plus: More red states may get legal weed, antitrust action against Google expected this week, the Cuties controversy, and more...
Plus: Raleigh cop uses fake evidence in drug cases, caution on CDC study linking restaurants to COVID-19 cases, and more...
A week after being sued over his arbitrary COVID-19 policy, Gov. Charlie Baker says he will allow arcades to reopen.
These proposals augment those made in Paul Rosenzweig and Vishnu Kannan's important recent article on the subject.
For the moment, the executive "memorandum" is long on rhetoric, but short on actual action. If it ever does lead to action, it could be yet another attack on federalism and separation of powers.
The Trump administration's new nationwide eviction moratorium provokes a backlash from some congressional Republicans.
It's a power grab that could undermine federalism and separation of powers, and imperil property rights.
"I know what moral panics look like; they look kind of like this."
A preliminary assessment of Trump v. Mazars and Trump v. Vance.
Both major parties defend the Constitution only when it's convenient.
Will his blunt self-aggrandizement reinvigorate concerns about presidents who exceed their powers?
New York City's primary election fiasco reveals gross incompetence rather than fraud.
Department of Homeland Security
The lack of Senate-confirmed officers at DHS is a serious problem.
The lawsuit raises a variety of important issues, including a nondelegation challenge. It could turn out to be a very significant case.
Whitmer's argument is short on facts and legal reasoning.
The president’s heavy-handed response to protests against police brutality belies his promise of "law and order."
Two centuries of precedents say the president is not immune from judicial process.
An analysis finds that Trump is both more stingy and more self-serving than his predecessors in how he has used the pardon power to date
The Supreme Court weighs the legality of subpoenaing Trump’s financial records.
The Supreme Court rejected Donald Trump's claims of immunity, but reaffirmed limits on investigatory powers, and ruled in favor of Native American tribal claims against Oklahoma.
SCOTUS rules 5–4 in Seila Law v. Consumer Financial Protection Bureau.
The article explains why these policies, which made made America more closed to immigration than at any previous time in history, are both harmful and a dangerous executive power grab.
In it I explain how to reform a federal law the Supreme Court has interpreted as giving the president nearly unlimited power to ban migrants from entering the United States.
It's great that Gov. Gavin Newsom is finally looking at costs and benefits. But don't kid yourself. None of it has anything to do with "science."
A president who can attach his own new conditions to federal grants to states could use that power to undermine state autonomy on many issues - especially now that federal spending has been massively expanded during the coronavirus crisis.
There is a difference between reporting facts that make the president uncomfortable and manufacturing facts to fit a preconceived view of him.
There was a potentially pivotal exchange in today's Supreme Court oral argument over the House subpoenas seeking the President's financial records.
An abuse of power that doesn't violate federal fraud statutes can still be an impeachable offense - and still violate other criminal law.
Why does it matter is a federal agency is independent of Presidential control? Ask the Department of Defense.
In an interview, the freshly-minted presidential candidate talks abortion, the "spoiler" charge, and Joe Biden's flip-flopping, while insisting that 2020 is a "winnable race."