Separation of Powers
My New Just Security Article on the Nondelegation and Major Questions Doctrines
The Just Security website just published my article entitled "Nondelegation and Major Questions Doctrines Can Constrain Power Grabs by Presidents of Both Parties." Here is an excerpt:On May 28, the U.S. Court of…
Trump’s military attack on Iran clearly violates the War Powers Act
Hours after the U.S. bombed several sites in Iran, President Donald Trump called the operation a "spectacular military success." Whether or not that turns out to be true, the attack looks rather different as a legal…
Judges in Newsom-Trump suit reject claim that the president can use the National Guard however he likes
Last week, a federal judge in San Francisco issued a temporary restraining order against President Donald Trump's unilateral deployment of the California National Guard, saying that decision was illegal and…
Federal Court Rules Against Trump Plan to Condition Federal Transportation Grants to States on Cooperation with Federal Deportation Efforts
US Department of Transportation Yesterday, in a lawsuit brought by twenty state courts, federal District Court Judge John J. McConnell, Jr. ruled the Trump Administration violated the Constitution when it tried to deny…
Trump argues that he can take over a state’s National Guard whenever he wants
Federal courts have no role whatsoever in assessing President Donald Trump's decision to take control of the California National Guard, Assistant Attorney General Brett Shumate argued at a hearing before the U.S. Court…
The Nondelegation Case Against Trump’s Massive New Travel Ban
(NA) In my previous post on Trump's massive new travel ban, I noted that the Supreme Court's badly flawed ruling in Trump v. Hawaii (2018) probably precludes challenges based on discriminatory intent. But I also…
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