Recent | Take Care

Ensuring the President “shall take Care that the Laws be faithfully executed”

Menu

All Posts by Marty Lederman

Can Congress Investigate Whether the President Has Conflicts of Interest, is Compromised by Russia, or Has Violated the Law?

7/29/19 // In-Depth Analysis

The President's lawyers are urging courts to hold that Congress’s oversight and regulatory authorities simply don't extend to investigating the wrongdoing, foreign influence over, and possible conflicts of interest of, the President of the United States. That's wrong.

Georgetown Law

The Vicious Entrenchment Circle: Thoughts on a Lifetime with a Republican-Controlled Court

10/7/18 // In-Depth Analysis

By the time the Supreme Court’s current Term ends in June, it will have been more than 50 years of GOP-appointed control, even though Democrats have won a majority or plurality of the popular vote in seven of the twelve elections in that period.

Georgetown Law

On the So-Called 'Global Injunction' Question in the Travel Ban Case

4/23/18 // In-Depth Analysis

Thoughts on what remedy is appropriate if the travel ban is held unconstitutional

Georgetown Law

Parties' Letter Briefs on Mootness in Entry Ban Case at Supreme Court

10/5/17 // Uncategorized

A quick assessment of the arguments - and stakes of the arguments - on mootness and vacatur.

Georgetown Law

A Primer on the DACA Rescission

10/5/17 // In-Depth Analysis

Here we address confusions and misconceptions about what DACA is (or was), and what will happen next; about the effects of DHS’s “rescission, and what the legal basis might be for that rescission; about what happens during the so-called six-month “window”; about the prospects that Trump might reverse course in March; and about the current litigation challenging DHS’s rescission.

Georgetown Law

Cristina Rodríguez

Yale Law School

NYU Law School

End of the Travel Ban and Its Litigation (for now, anyway)

9/24/17 // Commentary

By the time you read this, the heart of the so-called 'travel ban' will probably be no more.

Georgetown Law

DOJ's Unconvincing New Definition of 'Emolument'

9/23/17 // In-Depth Analysis

The President's reply brief in CREW v. Trump offers a new (and flawed) definition of 'emoluments'

Georgetown Law

No, the President Cannot (Lawfully) Strike North Korea Without Congressional Approval (plus a few words on the U.N. Charter question)

8/10/17 // Uncategorized

Georgetown Law

The Functions and Potential (but Fixable) Flaws of the “Protect Mueller” Bills

8/7/17 // In-Depth Analysis

The bills to protect the special counsel from removal have some rough spots that can and should be worked out.

Georgetown Law

Litigating the Supreme Court’s Entry Ban Opinion: What’s the Required Connection?

7/19/17 // Commentary

All of the briefs are now in on the government’s motion to the Supreme Court for clarification of its order in Trump v. Hawaii.

Georgetown Law

Back to the Supreme Court on the Scope of the Entry Ban Injunction: First Thoughts

7/15/17 // Commentary

Now that the travel ban is back in the Supreme Court, here are four additional, preliminary thoughts on where things stand.

Georgetown Law

Seriously? The Court Intended to Exclude Grandmas from the Preliminary Injunctions?

6/29/17 // Commentary

A post on the absurdity of the Administration’s interpretation of the Supreme Court’s modification of the travel-ban/refugee-limit preliminary injunctions.

Georgetown Law

Unlocking the Mysteries of the Supreme Court’s Entry Ban Case

6/27/17 // Commentary

Many close observers of the Court are still scratching their heads, trying to figure out just exactly what the Court did yesterday in Trump v. IRAP–and why. With the luxury of a few hours to ponder the mysteries, here are some tentative speculations on the most commonly posed questions.

Georgetown Law

It's All About that Stay (and Its Surprising Limits)

6/26/17 // Quick Reactions

Preliminary thoughts on the Supreme Court's travel ban order.

Georgetown Law

Donald Trump’s Say-So is Not a Presidential “National Security Judgment”

6/21/17 // Quick Reactions

Analysis of DOJ's filing at SCOTUS today in the travel ban cases.

Georgetown Law