How the Constitution’s negative limitations on Congress’s powers and positive vestings of power in the president both limit the scope of what can constitute “high Crimes and Misdemeanors.”
Josh Blackman is an Associate Professor at the South Texas College of Law Houston, and the author of Unraveled: Obamacare, Religious Liberty, and Executive Power.
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In the Fourth Circuit Court of Appeals en banc hearing in International Refugee Assistance Project (IRAP) v. Trump, the difference between “legality” and “reality” came to the fore.
Whether the president obstructs justice will turn on whether his actions are supported by Article II itself.
The Supreme Court’s sober, sterile and swift order is a victory for the Trump Administration.
Last week's temporary restraining order in Hawaii v. Trump is a thorough application of the Ninth Circuit's previous ruling in that case. But if the Supreme Court vacates the Ninth Circuit precedent, as many expect it to do shortly, the restraining order will be on weaker footing.
The Supreme Court’s vacatur concludes Trump v. IRAP without spectacle.
On Sunday night, the Trump administration has reiterated what had been its position all along: that the so-called travel ban was needed to give the government an opportunity to reassess its policies.