unitary executive
12 Articles
Justice Gorsuch’s Slaughter Opinion is a Direct Threat to Congress
In light of recent Supreme Court rulings, Congress should act now to assert the full extent of its authority over the federal bureaucracy.
“Lost to History”: Uses and Abuses of the Past in Slaughter and Cook
In these two cases, the Court misread history with an unmistakable result: two fundamentally irreconcilable decisions.
What is the Election Assistance Commission With No Commissioners?
An expert backgrounder on the implications of President Trump's removal of all members of the bipartisan commission.
The Federal Reserve Exception to the Slaughter Rule
On the Supreme Court’s latest reasoning about the Federal Reserve and the fault lines that are likely to emerge in the years ahead.
Looking Back at Humphrey’s Executor
On the forgotten history of the Supreme Court's Humphrey’s Executor v. United States, a cornerstone of the administrative state.
Embracing the Purely Adjudicatory Administrative Agency: The Case for a Labor Court
The recent decision in SpaceX v. NLRB, finding the Board’s structure unconstitutional, heightens the urgency for those litigating like cases to reconsider their approach.
Folly at the Supreme Court: Choosing Between Competing Originalist Claims
Former White House Counsel Neil Eggleston says that a dispute about removal power illustrates the fool's errand of originalism: history is messy, complex, and disputed, offering…
Supreme Court Preview: Collins v. Mnuchin and the Expanding ‘Unitary Executive’ Theory
The consequences for the federal government of an expanded unitary executive theory would be significant: high turnover, low competence, and less expertise, all of which serve…
Executive Absolutism on Trial
"President Trump ... had the sense that, as president, he should be allowed to do whatever he wanted, with no fear of consequences and no checks to his will from other branches.…
Is the Supreme Court Undercutting Congress’ Ability to Check Abuses of Presidential Power?
Yesterday’s Supreme Court rulings holding that the president is not immune from subpoenas issued by Congress and local law enforcement were a relief to many. But even as the…
Let the Rule of Law Rule Law Enforcement: Reflections on the Current Attorney General’s Tenure
A former Acting Attorney General who earlier served with Bill Barr in the H.W. Bush administration writes scathing critique of Barr.
The Constitutional Challenge to Robert Mueller’s Appointment (Part IV): Morrison, Edmond, and the DOJ Special Counsel Regulations
[With relatively minor oral argument updates; Nov. 8] In my previous post in this series, I explained that Special Counsel Mueller is (at most) an “inferior officer” for…
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