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15 Mar 2017, 10:52 am by Charlotte Garden
Further, in making her separation-of-powers point, Menon nods to the justices’ potential new colleague, citing Judge Neil Gorsuch’s controversial concurrence in Gutierrez-Brizuela v. [read post]
15 Aug 2013, 8:10 am
  Once general principles of institutional structures are understood, it is possible to contextualize these insights within the realities of the American Republic--the general government, the administrative branches, inferior political units, and the residuary role of the people as ultimate sovereigns. [read post]
31 May 2019, 6:00 am by Guest Blogger
Imminently, in the thickening avalanche of cases triggered by a White House heedless of internal check and contemptuous of both, supposedly co-equal branches, Roberts and his colleagues will be forced to interpret the Court’s role in enforcing constitutional constraints on presidential power till now rarely or ever contested.We have not seen this movie before, but we have seen on [read post]
6 Jun 2018, 9:00 am by Josh Blackman
In contrast, the independent-counsel statute at issue in Morrison v. [read post]
4 Aug 2008, 5:43 pm
District Court, and California Courts of Appeal, oral argument and briefs in excess of 100 appeals and writsNumerous trials and investigationsBefore the U. [read post]
12 Jun 2009, 7:34 am
  It has before it the case of Kiyemba, et al., v. [read post]
24 Jul 2018, 4:39 am by Edith Roberts
At the Penn Journal on Regulation’s Regulatory Review, Sarah Paoletti maintains that “[d]ue to th[is term’s] ruling [in Jennings v. [read post]
17 Jun 2016, 12:00 pm by John Elwood
The VRA is an obscure federal law known only to Appointment Gnomes in the Justice Department’s Office of Legal Counsel (I was one), angry members of Congress who swear that the executive branch is abusing the act, and the acting officials who serve tenuously under it. [read post]
23 Jan 2023, 4:15 am by Allan Blutstein
  I imagine the Second Circuit didn’t want to open a Pandora’s box of indirect public access to presidential campaign or transition team records through Executive Branch agencies. [read post]