Josh Blackman is an Associate Professor at the South Texas College of Law Houston, and the author of Unraveled: Obamacare, Religious Liberty, and Executive Power.
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As part of its effort to construct a border wall, the Trump administration has invoked a statutory delegation of authority signed into law by President Obama after the 2016 election.
The Supreme Court’s recent Lucia opinion may have unsettled the line in Morrison v. Olson distinguishing between an “officer of the United States” and an “Employee of the United States.”
Why one conclusion in George Conway’s recent Lawfare article appears hasty.
Courts are likely to have to address these points in the near future.
There’s more to be said for the letter the president’s lawyers sent to Robert Mueller than some commentators have acknowledged.
At the 2017 Federalist Society National Lawyers Convention, conservative and libertarian lawyers squeezed red stress balls that were adorned with the now-famous slogan: “But Gorsuch!” The Washington Examiner explained that the stress balls, distributed by the R Street Institute, would give relief to those “who seek reasons to remain hopeful amid Trump’s first year in office.” This meme has become a mantra: Everything is terrible, but at least
What happens when nationwide injunctions conflict with one another? Future DACA litigation might reveal an answer.