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16 Aug 2019, 3:00 am by Jim Sedor
John Hickenlooper ended his campaign for the 2020 Democratic presidential nomination and said he will consider a run against U.S. [read post]
15 Aug 2019, 12:28 pm by Christopher Fonzone
  Jimmy Carter's administration exemplifies a recurring pattern in John Gans’s new book, "White House Warriors: How the National Security Council Transformed the American Way of War. [read post]
13 Aug 2019, 2:48 pm by Guest Blogger
My question focused upon on how the Court then responds, crafting the opportunity for the institution of the Court to grow, rather than, as with Zorkin in Russia, an irresistible invitation for the political branches to crush it.Finally, and of course, powerful actors play a role that is not theory-pure. [read post]
12 Aug 2019, 9:34 am
Judge Warns 'Judicial Independence Is At Risk' about how, in accepting the ABA's John Marshall Award on Friday, Judge McKeown "told a room packed with judges and attorneys that recent attacks on judges pose a threat to the rule of law, and urged her colleagues to do more to defend judicial independence. [read post]
2 Aug 2019, 3:00 am by Jim Sedor
In the other set of talons, he swapped the olive branch for a wad of cash and replaced the United States’ Latin motto with a Spanish insult. [read post]
31 Jul 2019, 7:46 am by Josh Blackman
[Like in the Emoluments Clauses cases, plaintiff’s mere allegation that the government is acting ultra vires is not enough to establish an equitable cause of action ] [This post is co-authored with Seth Barrett Tillman, Lecturer, Maynooth University Department of Law. [read post]
30 Jul 2019, 9:09 am by David Priess
Of the other directors, several had other senior executive branch leadership experience before starting as director. [read post]
29 Jul 2019, 6:00 am by Quinta Jurecic
It is, after all, a political process, assigned by the Constitution to the branch of government that is by design most responsive to political considerations—and seldom fettered by principle. [read post]
29 Jul 2019, 4:15 am by Marty Lederman
  Without some outside check on the Executive Branch, there would be little to discourage unscrupulous officials from acting in their own, and not in the nation’s, best interests. [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]
26 Jul 2019, 3:00 am by Jim Sedor
National/Federal Appeals Court Judges Send Emoluments Suit Against Trump Back to a Lower Court New York Times – Sharon LaFraniere | Published: 7/19/2019 A federal appeals court delivered a setback to a lawsuit by congressional Democrats accusing President Trump of illegally benefiting from his business interests while in office, saying a lower court judge hearing the suit had not adequately considered questions about the separation of powers between the president and Congress. [read post]
25 Jul 2019, 12:05 pm by Cecillia Wang
“[B]etter … late than never,” Justice Samuel Alito writes, in a section of the opinion joined only by Chief Justice John Roberts and Justice Brett Kavanaugh. [read post]
Its significance, rather, lies in the hearings’ initiating of the long-belated creation of an Article I record of the president’s conduct—a shifting of the investigative locus from the executive branch to the legislative branch. [read post]
24 Jul 2019, 5:02 am by John Harrison
  John Rutledge of South Carolina opposed giving the executive the powers of peace and war. [read post]
23 Jul 2019, 9:52 am
The simplistic binaries that frame conversations of Palestinian armed struggle evoke the condescension expressed by colonial overloads toward the resistance of indigenous peoples. [read post]