Georgia v. President of the United States
Eleventh Circuit Applies the Major Questions Doctrine to a Delegation to the President.
Vol. 136 No. 7
Separation of Powers
Responding to Domestic Terrorism: A Crisis of Legitimacy
Vol. 136 No. 7
On January 6, 2021, thousands of rioters breached the U.S. Capitol. With the express purpose of preventing the lawful Electoral College vote count, they...
The Executive Power of Removal
Vol. 136 No. 7
Abstract Whether the Constitution grants the President a removal power is a longstanding, far-reaching, and hotly contested question. Based on new materials from the...
A Convict in Chief?
Introduction The indictment, arrest, and arraignment of former President Donald Trump have given rise to a slew of opinions and questions about the wisdom...
Constitutional Remedies: In One Era and Out the Other
Vol. 136 No. 5
“It is a settled and invariable principle,” Chief Justice Marshall once wrote, “that every right, when withheld, must have a remedy.” Not quite. Although some view the idea of a substantive constitutional right without a remedy as oxymoronic, rights to remedies have always had a precarious constitutional status, which the Supreme Court has lately subjected to multifaceted subversion. . . .
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...
NLRB v. Constellium Rolled Products Ravenswood, LLC
Fourth Circuit Rejects Jurisdiction to Enforce NLRB Consent Order.
Vol. 136 No. 3
The Roberts Court’s Structural Incrementalism
Forum response to Professor Sohoni's Comment
Response to The Major Questions Quartet
Vol. 136 No. 1
Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers
D.C. Circuit Upholds Vacatur and Remand of Dakota Access Pipeline Easement, Reverses District Court Order to Cease Pipeline Operations
Vol. 135 No. 6
Separation-of-Powers Suits in the Post-Trump Era
Introduction Professor Payvand Ahdout’s article, Enforcement Lawmaking and Judicial Review, makes a powerful case that, contrary to the views of many scholars, federal courts...