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...
Separation of Powers
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...
Enforcement Lawmaking and Judicial Review
Vol. 135 No. 4
It is — and has long been — well known that the Executive’s power is expanding. To date, there are two dominant analyses of...
United States v. Arthrex, Inc.
Vol. 135 No. 1
Thirty-three years ago, in Morrison v. Olson, the Supreme Court announced a loose, functionalist test for distinguishing between “principal” and “inferior” “Officers of the...
TransUnion v. Ramirez
Vol. 135 No. 1
To bring a lawsuit in federal court, a plaintiff must have Article III standing. While commentators perceived federal courts as having generally made it...