Scholars’ Amicus Brief in the Tariff Cases
I joined this scholars’ amicus curiae brief in the tariff litigation, organized by Professor Sam Estreicher (NYU) and filed on Friday: Brief of Professors of Administrative Law, Separation of Powers, Foreign Relations Law, Legislation and the Regulatory State, and...
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...