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30 Jun 2020, 4:18 am by Kaufman Dolowich Voluck
Supreme Court in a decision issued Monday ruled the Consumer Financial Protection Bureau’s single-director structure violates the separation of powers between the executive and legislative branches and is unconstitutional while also ruling that the CFPB can continue to operate. [read post]
29 Jun 2020, 11:32 pm by Josh Blackman
Moreover, Kagan broke the fourth-wall (or is it the third branch!?) [read post]
28 Jun 2020, 9:02 pm by Cary Coglianese
In another 1926 decision, the Supreme Court upheld presidential authority to exert control over executive branch officials. [read post]
26 Jun 2020, 1:54 pm by John Ross
Only twice has the Supreme Court ever struck down a law for violating the nondelegation doctrine, which holds that Congress may not delegate its legislative authority to another branch of government or a private party. [read post]
25 Jun 2020, 12:13 pm by Matthew Kahn
The ongoing legal battle over former National Security Adviser John Bolton’s book is in large part a fight over classification. [read post]
24 Jun 2020, 2:28 pm by Eugene Volokh
"In a representative democracy … the[] branches of government act on behalf of the people and, to a very large extent, the whole concept of representation depends upon the ability of the people to make their wishes known to their representatives. [read post]
24 Jun 2020, 11:45 am by Paul Cassell
The district court's order put two "coequal branches of the Government … on a collision course. [read post]
21 Jun 2020, 8:05 am by Ilya Somin
For example, only about a third can even name the three branches of government: executive, legislative, and judicial. [read post]
20 Jun 2020, 6:57 am by David Post
This is particularly so because, insofar as interim United States Attorneys are concerned, the Executive Branch holds all the trump cards. [read post]
18 Jun 2020, 5:12 pm by Jack Goldsmith, Marty Lederman
 In further declarations in support of the TRO application, three other administration officials also assert or suggest that the manuscript contains classified information: John L. [read post]
18 Jun 2020, 2:12 pm by Peter Margulies
In a narrow opinion by Chief Justice John Roberts based on administrative law doctrine, the court stressed the reliance interests of DACA recipients. [read post]
18 Jun 2020, 1:15 pm by Tia Sewell
Justin Sherman discussed a Senate report on executive branch oversight of Chinese state-owned telecommunications firms. [read post]
18 Jun 2020, 7:56 am by Jonathan H. Adler
[In what appears to be a quite narrow ruling, Chief Justice John Roberts holds that if Trump wants to get rid of DACA, he'll have to try again.] [read post]
18 Jun 2020, 6:38 am by Linda McClain
For the symposium on Linda McClain, Who’s the Bigot? [read post]
17 Jun 2020, 11:06 am by Elliot Setzer
” In its response, the Justice Department reasserts that Article II of the Constitution grants the court no power to review the executive branch’s exercise of prosecutorial discretion. [read post]
17 Jun 2020, 3:31 am by SHG
Unfortunately, Chief Justice John Roberts, backed by a now-solid conservative majority, has exhibited a conception of race in America that is, to put it gently, naïve. [read post]
17 Jun 2020, 2:01 am by Jen Patja Howell
Molly Reynolds spoke with Norm Ornstein of the American Enterprise Institute and John Fortier of the Bipartisan Policy Center about the Continuity of Government Commission, an effort they helped to lead beginning in 2002 to ensure that our three branches of government would be able to function after a catastrophic attack that killed or incapacitated large numbers of our legislators, executive branch officials or judges. [read post]