Topic
Executive Power
409 published works
PrawfsBlawg
Tactlessness
Main Thursday, April 24, 2025TactlessnessI'll have more to say about my forthcoming book in the coming months. For now, I want to highlight one aspect of Justice Jackson's Youngstown concurrence.A…
Legal Theory Blog
Neibart on Non-Article II Restraints on Executive Power
Elias Neibart (Harvard University, Harvard Law School) has posted 'External Restraints' on Article II? on SSRN. Here is the abstract: It's understood that, under Article III, Congress has plenary power…
PrawfsBlawg
FedSoc Webinar on the Weaponization of the Justice Department
Main Monday, April 21, 2025FedSoc Webinar on the Weaponization of the Justice DepartmentToday at 11 a.m. Eastern time, the Federalist Society--lately the object of conspiracist rantings from White House habitue…
Canadian Lawyer Mag
US judge warns Trump against continued resistance to judicial decisions in deportation case
The executive "will lose much from a public perception of its lawlessness," judge says
The Right Coast
A Writ of Facilitation ? Court Issues Curious Order in the Garcia Case JONATHAN TURLEY
The Court disagrees with many, including the Fourth Circuit, that President Trump had no inherent executive powers to countermand the district court s order. He clearly does have countervailing powers…
PrawfsBlawg
The Truth is a National, ie. Personal, Security Threat; or, King Henry With Fewer Wives
Main Wednesday, April 09, 2025The Truth is a National, ie. Personal, Security Threat; or, King Henry With Fewer WivesThe Trump regime paused briefly from its efforts to immiserate the American…
Legal Theory Blog
Chin on Politicization and Algorithmic Replacement
Andrew Chin (University of North Carolina School of Law) has posted The Black Box Presidency on SSRN. Here is the abstract: In February 2025, as wildfires ravaged Los Angeles, President…
Constitutional Law Prof Blog
D.C. Circuit Allows Trump to Remove NLRB, MSPB Officers Pending Appeal
A three-judge panel of the D.C. Circuit stayed lower-court orders preventing President Trump from removing officers of the National Labor Relations Board and the Merit Systems Protection Board at will.The…
Legal Theory Blog
Flanders on the Case Against the Pardon Power
Chad Flanders (Saint Louis University - School of Law) has posted Get Rid of Pardons on SSRN. Here is the abstract: Pardons and commutations are in theory compatible with the…
The Right Coast
The Constitutionalists: John Roberts and Donald Trump – WSJ
Mr. Trump s detractors fault him for self-aggrandizement. That assessment is obviously accurate, but it carries more force as a dramatic critique than a legal one. As the chief justice…