Topic
Executive Power
409 published works
Consumer Finance Monitor
Supreme Court temporarily allows independent labor board firings; impact on FTC, NCUA ousters is unclear
By Richard J. Andreano, Jr., John L. Culhane, Jr.
In a move that could have ramifications for lawsuits filed by former FTC and NCUA board members, by a vote of 6-3 the Supreme Court has issued a stay that…
PrawfsBlawg
The Library of Congress and the Copyright Office
Main Saturday, May 24, 2025The Library of Congress and the Copyright OfficeFollowing the Court's order in Trump v. Wilcox, I think that there's a reasonable chance that the courts will…
Simple Justice
Independent Boards Were Murdered On The Shadow Altar
Not only was the question bound to arise from Trump’s “firing” of board members of agencies created by Congress to be independent, such that they could putatively perform their function…
Legal Theory Blog
Roisman on Exclusive Presidential Powers
Shalev Gad Roisman (University of Arizona - James E. Rogers College of Law) has posted President Trump in the Era of Exclusive Powers (Harvard Law Review Blog (2025)) on SSRN.…
Legal Theory Blog
Deacon & Litman on Legalistic Executive Noncompliance with Judicial Orders
Daniel Deacon (University of Michigan Law School) & Leah Litman (University of Michigan Law School) have posted Legalistic Noncompliance on SSRN. Here is the abstract: Will the executive branch comply…
Simple Justice
The National Security Threat Of . . . Movies?
The invocation of power by calling anything an emergency or national security problem was a gaping hole in Congress’ sloughing off responsibility and authority to do its job to the…
PrawfsBlawg
Zick on the First Amendment Watch
Main Sunday, May 04, 2025Zick on the First Amendment WatchTim Zick (Wm & Mary) has launched Trump 2.0: Executive Power and the First Amendment at the First Amendment Watch at…
Legal Theory Blog
Price, Pasachoff, & Lawrence on Appropriations Presidentialism
Zachary Price (UC Law, San Francisco), Eloise Pasachoff (Georgetown University Law Center), & Matthew B. Lawrence (Emory University School of Law) have posted Appropriations Presidentialism (Forthcoming: 114 Georgetown Law Journal…
Last Month at the Supreme Court
Grant Alert: Supreme Court to Hear Challenge on Scope of Nationwide Injunctions in Birthright Citizenship Case
By Chantel Febus, James Azadian
Trump, President of U.S., et al. v. Casa, Inc., et al.Trump, President of U.S., et al. v. Washington, et al.Trump, President of U.S., et al. v. New Jersey, et al.…
PrawfsBlawg
…and Narcissistic, Megalomaniacal, Anti-Constitutional Presidentialism
Main Monday, April 28, 2025...and Narcissistic, Megalomaniacal, Anti-Constitutional PresidentialismThe first time, I had two things to do—run the country and survive; I had all these crooked guys. And the second…