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10 May 2017, 5:26 am by Derek T. Muller
Some in Congress have already mentioned such a possibility, but I believe that would be dead on arrival in Congress, much less in the courts.The second is a judicial remedy. [read post]
13 Aug 2024, 2:25 pm by Steve Bainbridge
In Wiener, the Supreme Court relied heavily on legislative history that tended to show Congress had intended to insulate the WCC from external review by both the executive and the judicial branch. [read post]
18 Mar 2025, 11:16 am by Kathryn Rubino
(Photo by David Becker/Getty Images)If you remember your fourth grade American government lesson, you know that one of the selling points of having three branches of the federal government is that there’s a foundational system of checks and balances, such that if one branch makes a power play, there’s a co-equal branch ready to smack them down. [read post]
12 Jul 2010, 2:48 pm by Lyle Denniston
   Kiyemba I and III cede it to the Executive Branch. [read post]
10 Nov 2015, 1:28 pm by Lyle Denniston
In what could be a race against the judicial clock, the Obama administration said Tuesday that it will ask the Supreme Court to let it begin enforcing its program to spare more than four million undocumented immigrants from being deported. [read post]
10 Jul 2023, 4:00 am by Michael Kagan
Can the Executive Branch use prosecutorial discretion to deport some immigrants, but not others? [read post]
7 Feb 2024, 5:19 am by Will Baude
Nothing in the Constitution's text commits these issues to another branch in a fashion that excludes judicial authority. [read post]
11 Feb 2025, 9:01 pm by Vikram David Amar
” (That observation certainly doesn’t mean there are never instances in which another governmental branch or actor acts inappropriately if it proceeds on a different constitutional understanding than that announced by courts, or even the Supreme Court; but it has rightly been understood for many decades to mean that if federal courts conclude that certain actions by other government branches are forbidden by the Constitution, the other branches respect that… [read post]
19 Feb 2025, 5:18 am
 In the exercise of their often-considerable authority, these executive branch officials remain subject to the President’s ongoing supervision and control. [read post]
18 Sep 2009, 9:04 am
Updating this ILB entry from yesterday, today the AP reports:Trial courts and county clerk's offices in Indiana would be reorganized... [read post]
18 Mar 2009, 6:14 am
Andrew Wolfson reports today in the Louisville Courier Journal:Want to know how much the Kentucky Bar Association paid an outside... [read post]
14 Apr 2008, 4:07 am
At Convictions, Kenji Yoshino notes tension between “serious” judicial writing and the injection of literature into same. [read post]
11 Jul 2024, 9:00 pm by Jon May
For those who have not heard of Project 2025, it is a detailed plan to overhaul the Executive Branch to vastly limit the role of government and place all federal agencies under a “unitary presidency,” ensuring that the execution of statutes and regulations adhere to a right-wing ideology. [read post]
3 Apr 2024, 4:00 am by Michael C. Dorf
Robert Dahl famously argued that the Court is best viewed as linked to the “political” branches. [read post]
7 Jun 2021, 7:25 am by Katitza Rodriguez
Even other branches of the CoE, such as its data protection committee, have found it difficult to provide meaningful input under these conditions. [read post]
6 Aug 2012, 5:00 am by Benjamin Wittes
Continued pursuit of the fairest and most accountable judicial proceedings attainable demands more from us than that. [read post]
4 Apr 2011, 1:54 pm by Hopkins
One of the ways to control the judicial branch of the government is through funding. [read post]
4 Apr 2011, 1:54 pm by Hopkins
One of the ways to control the judicial branch of the government is through funding. [read post]