The President and Obstruction of Justice (Again)

In the New York Times, Saikrishna Prakash and John Yoo: Don’t Prosecute Trump. Impeach Him. As to prosecution, they argue: The Constitution imposes on the president the duty to “take care that the laws be faithfully executed,” which vests the authority to oversee all federal law enforcement. As Alexander Hamilton observed in Federalist 70, “good government”…

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Jesner v. Arab Bank and the Original Meaning of the Alien Tort Statute

Today the Supreme Court hears argument in Jesner v. Arab Bank, in which plaintiffs seek to use the so-called Alien Tort Statute (ATS) as the basis to impose liability on Arab Bank, a Jordanian entity, for allegedly giving financial support to Hamas’ terrorist operations in Israel and the Palestinian territories.  The ATS provides federal court jurisdiction over “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.”  The question is whether this statute applies to the claim against Arab Bank; I joined an amicus brief, authored by Professor Samuel Estreicher (NYU) on behalf of professors of foreign relations law, saying it does not.

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A Bad Supreme Court Term for Originalism?

With the 2017 Supreme Court term underway, it’s time to consider its originalism implications. One might think that originalists would be optimistic with Justice Gorsuch — apparently a strong textualist originalist — joining the Court.  But I suspect that, at least on the headline cases, it will be a bad term for originalism, based on the leading case the Court will consider.

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Is DACA Unconstitutional? (Again)

In announcing the winding down of the Deferred Action for Childhood Arrivals (DACA) program, the President yesterday said in part: The legislative branch, not the executive branch, writes these laws – this is the bedrock of our Constitutional system, which I took a solemn oath to preserve, protect, and defend. In June of 2012, President Obama…

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Greg Weiner on Impeachment

In the New York Times, Greg Weiner (Assumption College Political Science/Liberty Law Blog): Impeachment’s Political Heart. From the core of the argument: Our tendency to read the impeachment power in an overly legalistic way, which is ratified by 230 years of excessive timidity about its use, obscures the political rather than juridical nature of the…

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