Vol. 139 No. 7 Can habeas corpus cases proceed as class actions? The Supreme Court has never squarely answered that question, even in cases where lower courts certified habeas classes. But the Trump Administration’s wholesale push to expel noncitizens has forced the question to the center of modern civil rights litigation.
Vol. 139 No. 7 “Not being a State often places the District of Columbia at a disadvantage. In this case, however, it works to its benefit.” So began...
Vol. 139 No. 7 Justice Gorsuch, writing for the majority in Whole Woman’s Health v. Jackson, made two bold immunity claims: that state court judges possess sovereign immunity...
Vol. 139 No. 6 Any respectable textbook account of the relationship between the U.S. Supreme Court and the lower federal courts would leave one with the impression that...
I. Introduction The Notwithstanding Clause of the Canadian Charter of Rights and Freedoms is a constitutional innovation (albeit colored by historical statutory analogues) first...
Vol. 139 No. 2 U.S. states traditionally play a minor role in establishing national security policies, which generally fall within the federal government’s remit. But the return of great power competition with China and Russia and the accompanying proliferation of threats have spurred states to act on national security concerns.
Vol. 139 No. 2 In Trump v. CASA, Inc., the Supreme Court held that federal courts may not issue “universal injunctions” unless “necessary to provide complete relief to...
Vol. 139 No. 2 Bankruptcy courts occupy an odd place in the judicial system. In Stern v. Marshall, the Supreme Court held that the Constitution guarantees parties in...
A push for stronger executive control over spending — what two co-authors and I have called “appropriations presidentialism” — has emerged as a central...
Vol. 139 No. 1 Article III protects federal judges with life tenure and salary guarantees. But politics still impacts federal courts, especially the Supreme Court.
