Ensuring the President “shall take Care that the Laws be faithfully executed”
Joshua specializes in constitutional law and appellate litigation.
In Hernandez v. Mesa, the Supreme Court should hold that victims of cross-border shootings have a cause of action to seek damages against law enforcement officers who violate the Constitution
If the House Ways and Means Committee lacked Article III standing, then the House’s subpoena power would be gutted, and the Executive Branch could defy valid congressional process with impunity
Laurence H. Tribe
Harvard Law School
The zone of interests test shouldn't apply to constitutional claims seeking injunctive relief. But even if it does apply, it doesn't prevent federal defenders from challenging arbitrary limits on attorney access under the Sixth Amendment.
As the Supreme Court constructs new and artificial barriers to relief for violations of the Constitution, it is important to recognize where the Court has expressly *rejected* such limitations
The Constitution’s text and structure — supported by judicial precedent and prior practice — show that impeachment is a process, not a single vote
This conclusion follows directly from the statutory text and a brief glance at some dictionaries. Judges who have concluded otherwise based their analysis on faulty premises.