Tag Archives: Donald Trump

Is Matthew Whitaker’s Appointment Constitutional? An Examination of the Early Vacancies Acts, by Thomas Berry

by Guest Blogger — Monday, Nov. 26, 2018

A debate is raging and litigation has already begun over whether President Trump’s selection of Matthew Whitaker to serve as acting attorney general is constitutional. Just recently, three Democratic senators filed suit arguing that Whitaker’s appointment has unconstitutionally deprived them of their right to vote on his nomination. As this debate unfolds, one crucial piece […]

A Little Blue Birdie Told Me: Knight First Amendment Institute v. Trump (SDNY)

by Bernard Bell — Wednesday, July 11, 2018

Donald Trump is our first Twitter President.  He comments on public issues, outlines his plans, and excoriates various villains, all in 280 words or less.  In Knight First Amendment Institute v. Trump, 302 F.Supp.3d 541 (S.D.N.Y. 2018), appeal filed, Dkt. No. 18-1691 (2d Cir. June 5, 2018), Judge Naomi Reice Buchwald addressed a challenge by […]

The Obstruction Statute as Structural Law, by Aneil Kovvali

by Guest Blogger — Monday, July 24, 2017

In a recent working paper and op-ed, Professors Daniel Hemel and Eric Posner argue that the federal statute banning obstruction of justice applies to the president, and that the president would violate the statute if he intervened in an investigation to advance his personal interests. Hemel and Posner suggest that this can be reconciled with […]

Trump’s Signing Statement on the Consolidated Appropriations Act of 2017 Is Likely Unconstitutional, by Sam Wice

by Guest Blogger — Wednesday, May 10, 2017

Many of President Trump’s objections to the Consolidated Appropriations Act of 2017 are likely unconstitutional. The 708-page act funds the government for the remainder of the fiscal year and includes multiple restrictions on how President Trump can spend money, otherwise known as “riders.” In a signing statement, President Trump took issue with 76 of these […]

The CBO-CBA Analogy, or What Wonks Could Learn from Each Other

by Jennifer Nou — Sunday, Mar. 19, 2017@Jennifer_Nou

The Congressional Budget Office (CBO) recently released its long-awaited report on the likely budgetary effects of the American Health Care Act. The legislative counterpart to the White House’s Office of Management and Budget, CBO estimates how federal spending and revenues would change as a result of proposed legislative bills. The resulting Republican talking points were […]

Faith in the Ninth Circuit

by Daniel Hemel — Thursday, Mar. 16, 2017

The Ninth Circuit’s decision to deny en banc review in Washington v. Trump was not, of course, the biggest development yesterday in litigation related to the President’s executive orders restricting entry from seven six overwhelmingly Muslim countries. But the Ninth Circuit’s denial of reconsideration—and, more specifically, Judge Bybee’s dissent from the denial—is worthy of attention […]

Musings on EO 13771’s Impact on ‘Off-Balance Sheet’ Regulations, by Erin Noakes

by Guest Blogger — Thursday, Feb. 9, 2017

Agencies have long known that the formal promulgation of rules is a regimented process, involving codification of requirements and consideration of public comments. The natural curb on agency evasion of this onerous process is the potential threat of lawsuits under the APA, but EO 13771 generates another, possibly more stringent curb.   The Jan. 30, […]

Despite Republican Warnings, 24/7 Sessions Are Unlikely, by Sam Wice

by Guest Blogger — Wednesday, Feb. 8, 2017

Despite recent Republican warnings that the Senate will work 24/7 to overcome Democratic delay tactics, Republicans are unlikely to execute that strategy.  Floor time is the most valuable resource that Senate Republicans have and they have a number of pressing issues.  Senate Republicans only have limited time to use the Congressional Review Act and its […]

The Deep Incoherence of Trump’s Executive Order on Regulation, by Jonathan S. Masur

by Guest Blogger — Tuesday, Feb. 7, 2017

President Trump’s “Executive Order on Reducing Regulation and Controlling Regulatory Costs” has received a fair amount of attention for its “2-for-1” formula: if an agency wishes to promulgate a new regulation, it must “identify at least two existing regulations to be repealed.” But there is an additional requirement built into the executive order that has […]

The D.C. Circuit, the Trump Administration, and Chevron Step One-and-a-Half, by Daniel Hemel and Aaron Nielson

by Guest Blogger — Saturday, Nov. 19, 2016

While many things in Washington will change as a result of last Tuesday’s results, one thing that will not change is the importance of the D.C. Circuit. The nation’s leading administrative law court will continue to review agency actions in the Trump era, including actions based on agency interpretations of the statutes they administer. And […]