Legal interpretation begins with a legal text. At least in theory it does. While in practice this is not always the case, textualism has become synonymous with conservatism in recent Court eras primarily due to Justice Scalia’s reliance on the language of statutory texts. In practice, a textualist approach is not limited by judicial ideology and…
Tag: NLRB v. Canning
Will the Trump Administration Receive Another Legal Blow When The Court Decides on the Travel Ban’s Constitutionality?
The Supreme Court already agreed to hear many significant cases in the fall 2017 term. Among these is one of the most important tests of executive power the Court has ever heard. This case, consolidated as Trump. v. International Refugee Assistance Project (IRAP), involves the administration’s travel ban – specifically Executive Order No. 13780 –…
A Ban The Court Would Love to Avoid
On June 1, the Trump Administration filed its application to stay the Fourth Circuit’s preliminary injunction against the attempted travel ban and petition for cert in the case. While this is only the Supreme Court’s first potential entry point into this dispute, it marks an opportunity for the Court to rule on a central item…
The (Not So) New Face of the OSG
Surprisingly, or perhaps not so surprisingly, the search for the new Solicitor General led to one of the individuals discussed as a likely candidate early on in the process. In the interim, a bevy of names were floated as possibilities including attorneys Chuck Cooper, George Conway, and Miguel Estrada. But as George Conway’s name faded…
What’s at Stake in a Supreme Court Ruling in the Trump Immigration Battle?
The Supreme Court’s role as a co-equal branch of the federal government may soon be put to the test. While various issues relating to President Trump’s decisions are percolating in lower courts, one that has received much attention recently is his Executive Order on Immigration. Yesterday the Ninth Circuit heard oral arguments regarding the temporary…
The Supreme Court and the Next Generation of Executive Power Cases
Over the past several months an entirely new class of executive power-related concerns have percolated through the national media and have begun burgeoning in federal courts. Prior to the election of President-Elect Trump, few knew about the Emoluments Clause in the Constitution and how it could be violated. Just this morning Trump’s comments on Twitter…
The Justices’ Stances in United States v. Texas
The United States government represented by the Solicitor General is the most frequent party before the U.S. Supreme Court. These regular appearances will be quite pronounced over the next two weeks. The Supreme Court hears oral arguments in ten more cases before the end of the Term, and a representative from the Office of the Solicitor…
empiricalscotus.com 