Vol. 139 No. 8 Introduction In a time of “constitutional crisis, scholars are asking how federal courts can preserve a basic “imperative” of constitutional structure: “[A] system of...
Vol. 139 No. 8 Introduction The Supreme Court has wavered between two approaches to questions of executive power, which are often labeled institutional formalism and realism. Formalism treats...
Vol. 139 No. 8 Introduction A crucial function of judicial review is not only “to say what the law is,” but also to provide the remedies to vindicate...
Vol. 139 No. 8 Introduction In a constitutional showdown with the executive branch, the courts may seem to have limited remedial options. Once we reach a point where...
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. 5 “[W]here there is a legal right, there is also a legal remedy . . . .” Although Blackstone’s maxim has led to efforts to redress constitutional violations, courts...
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...
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 Civil litigants presumptively bear their own costs. Only “express statutory authorization” can justify a departure from the default “principle that ‘the prevailing litigant is...
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.
