David A. Martin

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David A. Martin is a professor of law emeritus at the University of Virginia, where he taught courses in presidential powers and constitutional law. He has held executive branch positions in three administrations, including Acting General Counsel of the Department of Homeland Security during the first four months of the Obama Administration.

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U.S. Supreme Court

Executive Discretion and Judicial Deference After the Census Case: The Chief Justice’s Tightrope

Chief Justice John Roberts’s census ruling may strengthen deference to executive discretion when wielded by a future normal presidency, but for select occasions, he has revived a neglected counterdeference tool—pretext analysis.