A loss at the U.S. Court of Appeals is all but certain to follow the disgraced former president’s loss in the district court.
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 inFeatured, Political Animal, Politics
The Fatal Flaw in Donald Trump’s Claims of Executive Privilege
Congress’s interest in pursuing the truth of January 6 outweighs Trump’s interest in confidentiality.
Posted inFeatured, Political Animal, Politics
The Most Promising Presidential Reform Moment Since Watergate
Why Congress should act now to impose new systems of checks and balances.
Posted inFeatured, Law and Justice, Political Animal, Politics
No, General Milley Did Not Subvert the President
He protected our country—and faithfully executed the law.
Posted inFeatured, Political Animal, Politics
No, the CDC Eviction Moratorium Does Not Raise Constitutional Issues
Conservatives are wrong to say it does, and Biden created unnecessary confusion on this point.
Posted inFeatured, Political Animal, Politics
The (Necessary) Perils of Biden’s Unitary Presidency
Firing Trump’s Social Security commissioner was the better of two bad choices.
Posted inJanuary/February/March 2021, Magazine
Why Biden Might Not Need McConnell’s Permission
The president-elect has more tools for staffing the new administration than may be apparent—including one that no president has ever used before.
Posted inFeatured, Political Animal
How Trump Circumvents the Senate’s Advice and Consent
The president relies on acting administrators to avoid the lawful order of succession when a job is vacant.
Posted inFeatured, Politics
Yes, Donald Trump Can Obstruct Justice
As Mueller’s probe intensifies, Trump supporters think it’s a legal impossibility. But that’s not what the Constitution’s framers had in mind.
Posted inFeatured, Politics
The GOP’s Radical Assault on Regulations Has Already Begun
Three bills awaiting Senate approval would go a long way to achieving Steve Bannon’s dream of the “deconstruction of the administrative state.”
