Topic
Executive Power
409 published works
SDNY Blog
Judge Furman: Article II Does Not Allow AUSAs To Be Fired At Will
In an opinion yesterday, Judge Furman held that the summary firing of former AUSA Maurene Comey was unlawful. He rejected the government’s argument that Article II bars Congress from protecting…
Balkinization
Why Federalist #70 is Wrong
By gerardn-maglioccabalkin-blogspot-com
In March, I'll give a lecture at Villanova on "The Real Unitary Executive Problem." My argument will be that the Framers erred by creating a president who is both…
Legal History Blog
“Presidentialism and the Escalation of Executive Power"
By Dan Ernst
The Annual Boston University Law Review Conference will take place this week on the topic “Presidentialism and the Escalation of Executive Power.” It commences with a "pre-note" keynote at lunchtime…
Consumer Finance Monitor
Podcast Release: The Supreme Court Opinions in Trump v. Slaughter and Trump v. Cook: What Do They Mean for the Future of the Administrative State?
The Supreme Court’s June 29, 2026 decisions in Trump v. Slaughter and Trump v. Cook raise fundamental questions about presidential power, the independence of federal agencies, and the constitutional structure…
Simple Justice
Tuesday Talk*: It’s Not (Just) About The Trees
DC District Court Judge Ana Reyes should have known better. After what happened with Chief Judge James Boasberg, it was clear that the Trump administration was unconcerned about ignoring the…
Legal History Blog
Sullivan and Tsoukalas on Watergate-Era DOJ Reform
By Dan Ernst
Barry Sullivan and Arete Tsoukalas, Loyola University Chicago School of Law, have posted Watergate, the Roberts Court, and the Independence of the Department of Justice, which is forthcoming in the…
Simple Justice
Judge Bastian Rules Trump Cannot Fire Court-Appointed US Attorney
Among the various shenanigans employed by the Trump administration to circumvent the law is the firing of United States Attorneys appointed by the judges of a district after the 120-day…
Arnold & Porter: News & Perspectives
Travis Annatoyn Weighs In On Presidential Authority Under Senate Permitting Bill in Heatmap
Travis Annatoyn, Arnold & Porter Environmental counsel and former Deputy Solicitor for Energy and Mineral Resources at the U.S. Department of the Interior, was quoted in the Heatmap article, “What…
Legal History Blog
Shanor and Mayeri on the New Presidential Prerogative
By Dan Ernst
Amanda Shanor and Serena Mayeri, University of Pennsylvania, have posted Executive Domination: Separation of Powers and Constitutional Change:This article identifies an ambitious constitutional change project undertaken by the second Trump…
Munger Tolles & Olson LLP
Court Restores Roger Rogoff as U.S. Attorney Following MTO Challenge
Munger, Tolles & Olson and co-counsel HKM Employment Attorneys secured a significant victory on behalf of Roger Rogoff, obtaining a preliminary injunction recognizing him as the U.S. Attorney for the…