"When the Supreme Court Spoke With One Voice" But Was Ignored By Everyone

"When the Supreme Court Spoke With One Voice" But Was Ignored By Everyone

Last week, in Garcia v. Noem, Judge Wilkinson invoked President Eisenhower's decision to send federal troops to integrate Central High School in Little Rock. And yesterday, Jeff Toobin called on the Roberts Court to reaffirm Cooper v. Aaron to stop Trump. His piece was titled, "When the Supreme Court Spoke With One Voice." Toobin wrote: The choice for the court is clear: Either the justices will reaffirm the holding of Cooper that the federal ju…

Originalism, the Administrative State, and the Clash of Political Theories

Thank you, John, and thank you to The Heritage Foundation for inviting me to give the fourth annual Edwin Meese Originalism Lecture. It is a great honor to give a lecture named after Edwin Meese, especially on this 40th anniversary of his appointment as Attorney General. Mr. Meese is one of the most important figures in the history of originalism. Through both rhetoric and policy, he played a pivotal role in the rise of originalism within the fe…

Will Trump Convince the Supreme Court to Embrace an Expansive Unitary Executive Theory and Grab More Power?

The UnPopulist illustrationDear Readers:Many of Donald Trump’s abuses of presidential power are clear-cut, based on well-recognized law and precedent. In other cases, though, he has been probing areas where the legal precedents have not been tested in many years, so there is more confusion about the limits of legitimate executive power. One of those areas is Trump’s attempt to exert control over independent executive agencies such as the Federal…