Standing in the Way: The Courts’ Escalating Interference in Federal Policymaking
Vol. 136 No. 4
The connection between policy and law in the United States rests heavily on the concept and rhetoric of rights. When the government makes a...
Congress
Separation of Powers and Thuraissigiam: The Entry Fiction as Judicial Aggrandizement
Vol. 136 No. 3
In Department of Homeland Security v. Thuraissigiam, the Supreme Court rejected Vijayakumar Thuraissigiam’s challenge to the procedurally threadbare “expedited removal” he faced. The Court...
Trump v. Mazars USA, LLP
Vol. 134 No. 1
President Trump has shown unprecedented resistance to congressional oversight. Recently, he enlisted the Supreme Court as a referee. Last Term, in Trump v. Mazars...
Of Synchronicity and Supreme Law
Vol. 132 No. 4
The Constitution identifies three forms of supreme law — the Constitution, laws, and treaties — and specifies procedures for their adoption. Yet it says...
To End a (Republican) Presidency
Vol. 132 No. 2
I. The Pernicious Problem of Partisanship Alexander Hamilton foresaw it perfectly: impeachments of Presidents are by their nature political proceedings, conducted by political institutions...
Protesting on the Supreme Court’s Front Porch
Some dressed as characters from The Handmaid’s Tale, the dystopian novel about a society in which women are valued only if their ovaries are...
Gridlock?
Responding to Josh Blackman, The Supreme Court, 2015 Term — Comment: Gridlock
Response to Gridlock
Vol. 130 No. 1
Gridlock
Vol. 130 No. 1
Two of the biggest cases at the Supreme Court this past term ended as they began: gridlocked. In Zubik v. Burwell, the Justices declined...
Sissel v. United States Department of Health & Human Services
D.C. Circuit Reaffirms that Affordable Care Act Falls Outside Scope of the Origination Clause by Denying Petition for En Banc Review.
Vol. 129 No. 7
Fresh Pursuit from Indian Country: Tribal Authority to Pursue Suspects onto State Land
Vol. 129 No. 6
Around 1:30 a.m. on August 10, 2005, while on patrol in the Lummi Reservation, Officer Mike McSwain of the Lummi Nation Police Department observed...