The implications of this move are as yet unclear.
Separation of Powers
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
DC Circuit Rules House of Representatives has Standing to Challenge Trump's Diversion of Funds to Build his Border Wall
The opinion was written by prominent conservative Judge David Sentelle.
If only that signaled a broader respect for legal limits on executive power.
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.
It's a power grab that could undermine federalism and separation of powers, and imperil property rights.
May Legislature Restrict State Constitutional Right to Keep and Bear Arms in the Legislative Building?
A court should decide that question by interpreting the state Bill of Rights, the New Hampshire Supreme Court says; it shouldn't conclude that this is a "political question" to be decided purely by the Legislature and the people.
Rejecting Biden's Threat of a Nationwide Mask Mandate, Trump Suddenly Respects Limits on Presidential Power
Both major parties defend the Constitution only when it's convenient.
At the same time, the court punts on whether the House has standing to challenge allegedly unlawful expenditure by Executive Branch.
Will his blunt self-aggrandizement reinvigorate concerns about presidents who exceed their powers?
Look for the full appellate court to send the case back to the trial court - which is where it belongs.
The article critiques the majority decision, and outlines a better way to limit Congress' subpoena power.
Preliminary Thoughts on the Mazars and Vance Cases [Updated with Link to my SCOTUSblog Article on Mazars]
Vance strikes me as compelling and correct. Mazars creates a complex and unwieldy balancing test.
Former federal judge Michael Luttig thinks that the D.C. Circuit did not really understand what was at stake.
Supreme Court Rules Against Consumer Financial Protection Bureau, Says Agency's Format 'Clashes With Constitutional Structure'
SCOTUS rules 5–4 in Seila Law v. Consumer Financial Protection Bureau.
A 2-1 ruling concludes that the district court cannot even hold a hearing on the subject.
The decision says the "unbridled and unfettered consolidation of authority in one unelected official" violates due process and the separation of powers.
The ruling says the state's top health official exceeded her statutory authority by ordering "nonessential" businesses to close.
Wisconsin Supreme Court Says the State's COVID-19 Lockdown Violated the Rule of Law and the Separation of Powers
A seemingly arcane dispute about administrative law has profound implications for the limits of public health authority.
The Limiting Principle for Congress' Power to Subpoena Presidential Records Isn't Hard to Find [Updated With Response to Josh Blackman]
Why the Supreme Court can rule in favor of Congress in the Trump financial records cases without thereby giving Congress any unlimited power.
The scheme, created by a concurrent resolution, is inconsistent with the Kansas Emergency Management Act. A legislative council's decision to overrule the Governor's church shutdown order has thus been invalidated, and the church shutdown is back in effect.
Huge Legislature-Governor Conflict in Kansas, Over Emergency Powers (Stemming from Religious Freedom Dispute)
A "drafting snafu" with the Legislature's concurring resolution, which endorsed the Governor's initial emergency order, is casting many things in doubt.
Chuck Schumer's Trumpian Attack on the Supreme Court Threatens the Judicial Independence That Democrats Claim To Defend
The Senate minority leader threatened two justices by name, and then he lied about it.
If Bloomberg's Arrogance Worries You, His Weaselly Positions on Presidential Power Won't Reassure You
The presidential candidate reserves the right to wage unauthorized wars, kill Americans in foreign countries, prosecute journalists, and selectively flout the law.
Other possible legal challenges to Trump's expanded travel ban may be precluded by the Supreme Court's ruling in Trump v. Hawaii. This one is not.
Republicans are setting a dangerous precedent they may come to regret the next time a Democrat occupies the White House.
The legal basis for such a ruling is hard to find.
An important development in the legal wrangling over the separation of powers.
The Supreme Court will consider a constitutional challenge to the composition of the Consumer Financial Protection Bureau.
Thirteen legal scholars weigh in, including the VC's Keith Whittington and myself.
Plus: FBI rebuked by FISA court, how Harris could come back, and more…
Shareholders Challenging FHFA's Constitutionality Want Supreme Court to Hear Their Case—Even Though They Won
Fannie Mae and Freddie Mac shareholders convinced the Fifth Circuit to declare the Federal Housing Finance Agency's structure unconstitutional, but they're seeking Supreme Court review nonetheless.
While there may be sound political reasons to let voters decide Trump's fate, there are sound constitutional reasons to clarify the limits of his authority.
Top justice rules that trying to push a criminal case forward over prosecutors’ objections is a violation of separation of powers.
It's a win for Trump; but only on procedural grounds. The broader legal battle over the wall is far from over.
The senator and the president she wants to unseat are determined to have their way, regardless of what the law says.
The decisions expand on the same judge's earlier preliminary ruling holding that the president cannot reallocate military funds to build his border wall.
The United States is currently operating under 32 different national emergencies. This proposal would require Congress approve those declarations within 72 hours, and again after 90 days.
May the House of Representatives Appeal Dismissal of Criminal Charges, When the Justice Department Doesn't Appeal?
From Prof. Jonathan Nash (Emory), an expert on Congressional standing.