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10 Sep 2015, 6:50 am
Chief Justice John Roberts is also quite the standing hawk, and I suspect he’d vote the same way. [read post]
2 Feb 2011, 7:03 pm by Jeff Gamso
It is emphatically the province and duty of the judicial department to say what the law is.Chief Justice John Marshall, Marbury v. [read post]
3 Apr 2012, 3:21 am by Kendall Gray
Clinton, another chief justice named John (Roberts) did his own judicial Judo. [read post]
12 Jan 2021, 11:01 am by Shalev Roisman
The primary expositor of executive branch views of presidential power is OLC. [read post]
15 Feb 2013, 12:30 pm by Stephen Wermiel
Only Chief Justice John Rutledge, given a recess appointment by President George Washington in July 1795, was subsequently rejected by the Senate in December 1795. [read post]
3 Mar 2015, 8:58 am
Many of these briefs make naked political appeals, urging the Court to uphold the contested IRS rule lest it risk disrupting insurance markets, undermining the operations of the PPACA, or forcing the political branches to act. [read post]
29 Aug 2014, 11:28 am by John Bellinger
”  If U.S. courts were instead to decide (as the Fourth Circuit has) that foreign government officials do not have immunity for their officials acts that might constitute jus cogens violations, then U.S. defense and intelligence officials (such as Chuck Hagel or John Brennan) could be stripped of their immunity for drone strikes and other official acts in other countries. [read post]
4 Jan 2012, 7:45 am by John Elwood
These are the sort of ways that the branches have traditionally wrangled over the use of recess appointments. [read post]
28 Jun 2024, 10:51 am by Guest Author
First, John Roberts writes that the relevant SEC enforcement actions implicate the Seventh Amendment because the agency’s antifraud provisions mirror common law fraud. [read post]
21 Dec 2015, 4:00 am by Dianne Feinstein
”  Oversight requires substantive reviews of Executive Branch programs, policies, and activities. [read post]
26 Jul 2019, 5:01 am by John Harrison
In treating the President and the executive branch more or less interchangeably, I have followed the principle of the unitary executive, to which I subscribe. [read post]
14 Jul 2008, 8:57 pm
Rogers College of Law Why Senator John McCain Cannot Be President: Eleven Months and a Hundred Yards Short of Citizenship on SSRN. [read post]
19 Mar 2017, 9:30 pm by Jerry Ellig
The SEC’s post-guidance scores are much closer to those of executive branch regulators—whether one considers the executive branch financial regulators exclusively, or all executive branch regulators. [read post]
19 Mar 2017, 9:30 pm by Jerry Ellig
The SEC’s post-guidance scores are much closer to those of executive branch regulators—whether one considers the executive branch financial regulators exclusively, or all executive branch regulators. [read post]
13 Jun 2008, 1:40 pm
John McCain speaks during a town hall meeting in Pemberton, N.J., on Friday. [read post]