Executive Power
7 articles tagged with "Executive Power".
The 14th Amendment Holds the Line: Why the Supreme Court’s Birthright Citizenship Ruling Averted an Immigration Law Apocalypse
The Executive Gambit That Failed In a blockbuster end-of-term ruling on June 30, the Supreme Court firmly rejected President Trump’s executive directive aimed at restricting birthright citizenship. By striking down the administration's attempt to uni...
The Death of the Independent Agency: Why the Supreme Court’s Overruling of Humphrey’s Executor Upends Federal Regulatory Practice
The Administrative State Suffers a Fatal Blow For nearly a century, American administrative law has rested on a fundamental, albeit heavily debated, compromise: Congress could create multi-member regulatory commissions insulated from the President’s ...
The End of the Emergency Blank Check: Why the Supreme Court’s Invalidation of Trump’s Global Tariffs Reshapes Trade Law
The Executive Power Grab Hits a Wall For decades, the executive branch has treated emergency economic statutes as a magic wand to bypass Congress, transforming limited national security tools into sweeping mandates for global trade policy. On Februar...
Textualism Holds the Line: Supreme Court Strikes Down Trump’s Birthright Citizenship Directive Under the 14th Amendment
The End of a Fringe Constitutional Theory For years, a vocal subset of legal theorists has argued that the executive branch could unilaterally end birthright citizenship for the children of undocumented immigrants. On June 30, 2026, the Supreme Court...
The Death of Independent Agencies: Supreme Court Overrules Humphrey’s Executor in Historic 2026 Term
A Seismic Shift in Administrative Law For decades, administrative and regulatory lawyers have advised clients based on a fundamental assumption: independent federal agencies are shielded from direct presidential interference. As of June 29, 2026, tha...
The Fall of Independent Agencies: Supreme Court Overrules Humphrey’s Executor in Historic 2026 Term
The Death of the Independent Agency For decades, administrative and corporate lawyers have structured their regulatory strategies around a single, foundational premise: independent agencies are insulated from direct presidential control. On June 29, ...
The Fall of Humphrey’s Executor: SCOTUS Reshapes the Administrative State and the Unitary Executive
The End of an Era for Independent Agencies For nearly a century, the administrative state has rested on a foundational compromise: Congress could create independent multimember agencies, and the President could not fire their leaders without "cause."...
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