President Trump

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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.

Congress

Executive Privilege and Compelled Testimony of Presidential Advisers: Don McGahn's Dilemma

The issue of whether former White House Counsel Don McGahn’ will testify before Congress raises questions about executive privilege and the compelled congressional testimony of senior presidential advisers that the courts have only seldom, if ever, addressed.

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