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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In examining whether the federal obstruction of justice statute applies to the president, Robert Mueller analogizes bribery and obstruction. But this is not supported by Office of Legal Counsel precedent.
Republicans and Democrats alike should restrict how long emergency proclamations can last.
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.