Yesterday, the first legal challenge was filed to kill the measure, but the administration is on solid legal ground.
Peter M. Shane
Peter M. Shane is the Jacob E. Davis and Jacob E. Davis II Chair in Law Emeritus at Ohio State University and a Distinguished Scholar in Residence at the New York University School of Law. He is the author of Democracy’s Chief Executive: Interpreting the Constitution and Defining the Future of the Presidency(2022) and the host of "Democracy's Chief Executive: The Podcast." Follow Peter on Bluesky at @petermshane.bsky.social.
Posted inLaw and Justice
Donald Trump’s Executive Privilege Fog Machine
No one should be fooled by Trump’s claims of privilege over the Mar-a-Lago documents.
Posted inLaw and Justice
Once Again, The Supreme Court Upends a Legal Norm
Last week, five conservative justices—all male—limited the Biden administration’s authority to decide how and when to prosecute immigration cases. It was a blow to prosecutorial discretion.
Posted inLaw and Justice
On Regulation and Immigration, the Supreme Court Tried to Seem Reasonable
Their end-of-term decisions on greenhouse gas regulation and migrants from Mexico could have been worse, but the conservative justices are still pushing the Court rightward.
Posted inPolitics
The Watergate Anniversary and the Liz and Dick Cheney Paradox
The Watergate scandal, now 50, was the executive and congressional showdown of its time. Today, as Liz Cheney investigates Donald Trump, her father bears much of the blame for Trump’s imperial presidency.
Posted inLaw and Justice
The Curious Case of Trump’s “Well Qualified” Judges
Despite top ratings from the American Bar Association, some produce shoddy opinions that seem more ideological than professional.
Posted inLaw and Justice
The Supreme Court Will Consider Greenhouse Gas Emissions. Be Afraid.
A challenge to the EPA’s regulation gives the right wing an opportunity to limit Congress’s capacity to authorize regulatory programs.
Posted inLaw and Justice
Conservative Supreme Court Justices V. Statutory Text, the Constitution, and Public Safety
When they struck down the Biden OSHA rule for COVID-19, the Chief Justice John Roberts and the high court’s conservatives ignored their own principles and put the rest of us at risk.
Posted inLaw and Justice
The Well-Deserved Legal Losses of Citizen Trump
Last Friday, former White House Chief of Staff Mark R. Meadows filed a Supreme Court brief asking for “a prompt answer” to the question of whether Donald Trump has legitimate grounds to shield White House records from the House Select Committee to Investigate the January 6th Attack on the United States Capitol. Even if Trump were entitled […]
Posted inLaw and Justice
The Supreme Court Takes COVID Legal Disputes Out of the “Shadows”
The justices will hear arguments on mandatory public health measures on January 7. Their rulings could have profound implications for federal regulatory authority beyond the pandemic.
