The debate over Judge Kavanaugh's views on executive power actually encompasses four separate issues. On some of them his views bode well for the future, on others not so much.
Like Neil Gorsuch, the D.C. Circuit judge has criticized
Chevron deference for encouraging executive arrogance.
The op ed outlines some of the grave flaws in today's Supreme Court ruling.
Some preliminary comments on a badly flawed ruling.
Bilal Abdul Kareem has been nearly droned in Syria five times already. A federal judge agrees his lawsuit over the matter can proceed.
The Supreme Court's ruling was based on state officials' apparent hostility to the bakers' religious beliefs. There is far stronger evidence of such hostility in the travel ban case.
Despite the administration's claims to the contrary, it appears that no such thing exists. Its absence strengthens the constitutional case against the travel ban.
I am reposting my 2016 post on this subject, on the occasion of Kevin Walsh's guest-blogging stint addressing the same issue.
If your "signature achievements" are done by executive power alone, they might as well be written in pencil.
The originalist case for a unitary executive falls apart in an era when many of the powers wielded by the executive branch were not originally supposed to be federal powers in the first place.
The justices' comments in the oral argument suggest this will be a close case that could easily go either way. The outcome could well turn on the views of that perennial swing voter, Justice Anthony Kennedy.
On the eve of the of Supreme Court oral argument in the travel ban case, here are links to some of my more notable VC posts on the subject.
The unauthorized attack on Syria shows Congress won’t enforce limits on the president’s military powers.
You don't have to be an originalist to conclude that the Constitution requires congressional authorization for war.
A small-scale strike might be constitutional even without congressional support. But it is also likely to be useless, much like last year's missile strike turned out to be. Large-scale military action of the sort that could make a real difference, requires advance congressional authorization.
The brief, which I coauthored on behalf of myself and six other legal scholars explains why the Bill of Rights constrains federal power over immigration no less than other types of federal power.
Many people fear that John Bolton and Donald Trump might start an unnecessary war. But such fears would be unnecessary if Congress were to reclaims it power to initiate war.
The US Court of Appeals for the Fourth Circuit concluded that the ban violates the First Amendment because it is intended to discriminate against Muslims.
Trump's awful rhetoric is a menace to liberty - even when it does not lead to any immediate action.
Our institutions are strong enough to restrain a president, but they're also strong enough to empower him.