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9 Dec 2019, 6:31 pm by Susan Hennessey
The McGahn episode does not implicate plausible constitutional defenses; articles related to the president dangling pardons to prevent witness cooperation or firing executive branch officials might implicate Article II, directing subordinates to lie in internal records does not. [read post]
19 Jul 2021, 10:38 am by Peter Margulies
Hanen of the Southern District of Texas ruled that the Deferred Action for Childhood Arrivals (DACA) program is unlawful because it exceeds the power that Congress had delegated to the executive branch. [read post]
19 Aug 2021, 10:24 am by Anoush Baghdassarian, Todd Carney
In some instances, as with the SIV program, the relocation efforts were initiated by Congress; in others, the executive branch exercised its own authorities. [read post]
17 Mar 2017, 7:09 am by Jack Goldsmith
  The purpose of the draft EO is “to prevent the making of any new treaties—other than treaties that are clearly appropriate matters of international concern, such as treaties implicating national security, extradition, and international trade—until a high-level executive branch committee has had an opportunity to review and assess the treaty. [read post]
17 Nov 2018, 12:29 pm by Samuel Bray
Equity will enjoin non-parties to avoid circumvention of its injunction against parties—the familiar "in concert" branch of injunctions. [read post]
8 Feb 2017, 10:26 am by Ed Stein
The Supreme Court reinforced this overall theme of deference to the political branches last year in Bank Markazi v. [read post]
1 Dec 2020, 6:30 am by Guest Blogger
A notable example is Secure Communities, an executive branch program which automatically forwards arrest information from local police to federal immigration authorities when local authorities access federal criminal databases. [read post]
11 Jun 2015, 8:10 am by Nathalie Weizmann, Rebecca Ingber
We thought we might discuss a few of the international law considerations that might be bouncing around among executive branch lawyers tasked with determining her fate. [read post]
23 Nov 2013, 12:29 pm by Jon Gelman
  If no Nixon, then no Watergate, and no  resulting miasma created by the implosion of the executive branch, the final degradation of which being President Ford’s unconditional pardon of Nixon for his “high crimes and misdemeanors. [read post]
20 Jun 2018, 11:53 am by Philip Bobbitt
It is, as Chief Justice John Marshall observed of the commerce power in McCulloch v. [read post]
26 Sep 2015, 12:50 pm by Rebecca Tushnet
 John Duffy – Counterproductive Notice Requirements and Literalistic Claiming We’ve messed up and we should go back in time. [read post]
3 Feb 2021, 6:01 am by Patrick Hulme
John McCain sponsored a resolution approving the move. [read post]
25 Aug 2015, 10:42 am by Quinta Jurecic
Jacques Audibert, French President Francois Hollande’s senior national security advisor, has even contradicted Secretary of State John Kerry by suggesting that a “no” vote on behalf of Congress might not be a diplomatic end-of-the-world moment. [read post]
19 Feb 2015, 9:57 am by But I Do Have a Law Degree
 That's way healthier, and cheaper, than your local Papa Johns Dominoes Pizza Hut take out place. [read post]
” He then quickly changed the subject to Hillary Clinton, John Podesta and Peter Strzok. [read post]
18 Feb 2021, 8:12 am by Canyon Brimhall, Mary Brooks
Hackers frequently access private accounts of government officials—perhaps most famously, it happened to John Podesta in 2016. [read post]
5 Sep 2024, 6:00 am by Guest Blogger
By tracing the relationship between state and federal policies over time, we show a process of accretion, culminating in a robust state apparatus capable of protecting debtors, housed within the judicial branch. [read post]