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2 Mar 2009, 5:15 pm
For example, the Associated Press reports that Justice Stevens refuses to attend any swearings-in of justices at the White House because he views the ceremony's mere physical location at a supposedly co-equal branch of government as signalling a lack of judicial independence. [read post]
4 Sep 2007, 4:57 am
Everyone agrees that suspending habeas makes that particular - and particularly important - judicial remedy unavailable for those detained by the government. [read post]
30 Dec 2011, 4:56 am
The common law of foreign official immunity, which the Samantar Court did not define, operates at the intersection of international law and domestic law, and it implicates the constitutional separation of powers between the executive and judicial branches. [read post]
31 Mar 2010, 5:20 pm
” That view, he also said, would enable government officials to flout the warrant law — even though Congress had enacted it “specifically to rein in and create a judicial check for executive-branch abuses of surveillance authority. [read post]
30 Jan 2022, 7:16 am
One of the things that surprised me about President Trump's judicial nominations was the (relatively) large number of legal academics he tapped for the federal appellate courts. [read post]
21 May 2007, 10:26 am
David Kris, a former Bush Administration Associate Deputy Attorney General, analyzed the proposed changes (.pdf) and found that the crux of the proposal was to shift power from the judicial branch to the executive branch. [read post]
Former White House deputy asks federal court to rule if he must comply with a congressional subpoena
29 Oct 2019, 4:53 pm
The complaint states that it is up to the Judicial branch to resolve this dispute. [read post]
29 May 2008, 8:21 am
It affects the executive branch only and not the legislative or judicial branch. [read post]
8 Aug 2012, 9:34 am
" Thus, § 3559(c) does not unconstitutionally delegate a judicial power to the executive branch. [read post]
18 Sep 2007, 6:25 am
The court invoked the political question doctrine: "Allowing this action to proceed would necessarily require the judicial branch of our government to question the political branches' decision to grant extensive military aid to Israel. ...In this regard, we are mindful of the potential for causing international embarrassment were a federal court to undermine foreign policy decisions in the sensitive context of the Israeli-Palestinian conflict. [read post]
7 Feb 2012, 11:09 am
The scant existing scholarship is either limited to specific subject areas or focused primarily on judicial doctrine without addressing the use of historical practice in broader conceptual or theoretical terms. [read post]
16 Sep 2009, 11:25 pm
Recent national security controversies have given the Youngstown framework a whole new lease on life, and its relevance for courts, Congress, and executive branch officials has never been higher. [read post]
18 Sep 2009, 12:51 pm
Recent national security controversies have given the Youngstown framework a whole new lease on life, and its relevance for courts, Congress, and executive branch officials has never been higher. [read post]
23 Jul 2012, 1:12 pm
Plaintiffs challenge an unlawful “act” by executive branch officials. [read post]
6 Oct 2011, 9:45 am
The position’s duties include: • Following, researching, analyzing and reporting on policy issues being discussed in the Congress, the Executive Branch, the Judicial Branch and the media • Providing advice and direction on policy issues and strategies for engagement • Keeping members informed of relevant policy developments • Developing and/or reviewing policy position statements (letters, white papers, etc.) [read post]
7 Jan 2007, 7:15 am
Borden on Friday rejected an appeal by lawyers for the prosecutors, who are members of the executive branch, asking the high court to quash the subpoenas, which were issued by the judicial branch.... [read post]
16 Aug 2012, 9:37 pm
The question of ‘openness’ looks at the integration of values and interests protected by certain branches of international law into other branches. [read post]
9 Mar 2007, 3:04 pm
Here's yet another reason to impeach Alberto Gonzales (remember I speak for me only on this, not Talk Left); from Ralph Neas and People for the American Way: Americans learned today that the F.B.I. has been abusing its authority under the Patriot Act to obtain private information about American citizens without judicial approval. [read post]
10 May 2007, 10:10 pm
It is not an extradition case, and it is ultimately up to the executive branch, not the judicial branch, whether to seek to extradite him. [read post]
5 Apr 2025, 6:05 am
For several reasons, including newfound anxiety over executive branch compliance with adverse judicial decisions, the issues analyzed in this Article are vitally important today. [read post]