Separation of powers

Ronak D. Desai explains what to expect for congressional investigations and oversight with unified Republican control of both chambers.

I argued the Holtzman case. Nothing in Holtzman v. Schlesinger suggests that the military, acting under Presidential instructions, is empowered to ignore court orders.

Trump's recent executive actions appear to assert an authority to override or ignore federal legislation whenever it interferes with his policy aims.

"The potential abuses of official power that are made possible by the Court’s ruling, and the neutering of Congress’s ability to act, are alarming."

"The Supreme Court, in Trump, provides the basis for ... a prudential approach going forward."

Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…

Linking of “foreign commerce” to “economic security” has dangerously blurred authority that Congress has delegated to the executive branch.

Legal experts Ryan Goodman, Marty Lederman, Mary McCord, and Steve Vladeck unpack what Trump v. United States means for presidential immunity.  

Justice Sonia Sotomayor wrote that the Supreme Court's majority granted “former President Trump all the immunity he asked for and more.” 

The Court set forth a legal framework for the criminal justice system to respond to a president committing federal crimes while in office.

Congress can impose consequences for presidents abusing the pardon power by increasing oversight and imposing transparency requirements.

Leaders must communicate carefully with the public and subordinates, and minimize damage to the military, without adding to societal tension.