Lower Courts: Don’t Try This at Home
The Supreme Court’s travel ban order deviates sharply from well-established standards for the granting of a stay. For better or for worse, the spirit of compromise trumped the letter of the law.
Emoluments and Justiciability
Zachary Clopton offers a new spin on questions of standing and justiciability at the heart of recent emoluments litigation.
Asymmetric Geographical State Standing
The recent DC/Maryland emoluments case reflects a truth known to the Framers: jurisdictions geographically closer to the national capital would have a different relationship with federal power.
Some Thoughts on the Government’s Latest Filing in the Entry Ban Cases
Here I offer three quick reactions to the government’s latest filing in the Ninth Circuit case—the first two on questions concerning what the Court should do now with the government’s applications, and the third with respect to the merits of the statutory ultra vires argument on which the Court of Appeals for the Ninth Circuit relied.