Supreme Court (Mostly) Endorses the Unitary Executive
In a brief order in Trump v. Wilcox the Supreme Court (6-3) strongly indicated that the President has constitutional power to dismiss officers exercising significant executive power. From the unsigned opinion: The Government has applied for a stay of orders from the...
Invasion and Birthright Citizenship
Josh Blackman recently published at Volokh Conspiracy an interview with Fifth Circuit Judge James Ho. Among other topics, Judge Ho had this brief comment on birthright citizenship under the Fourteenth Amendment: [A]nyone who reads my prior writings on these topics...
Thoughts on Moore v. United States
As part of this year’s Constitution Day event at USD Law School, I took a closer look at Moore v. United States, the pending U.S. Supreme Court tax case with significant originalist implications. It turns out to be a harder case than I had thought at first. The...