Was the Court Right to Allow the Administration’s Workforce Reductions Plans to Go Forward?
We discuss the Supreme Court’s Tuesday stay of the district court order blocking implementation of the reductions-in-force executive order. Jack thinks the Court got it right. Bob is skeptical.Consider becoming a free or paid subscriber to Executive Functions. Get full access to Executive Functions at executivefunctions.substack.com/subscribe
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27:53
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27:53
Did the Supreme Court 'Meet the Moment' in Trump v. Casa?
We break down the opinions in Trump v. Casa—including the majority opinion’s statements on Solicitor General John Sauer’s concession to the bindingness of the Court’s judgments and opinions on the executive branch, the narrow scope of the majority, the opposing conceptions of the Court’s role in the majority and in Justice Jackson’s dissent, and how challenges to birthright citizenship are likely to proceed from here. Read Jack’s post from Sunday arguing that the Supreme Court was the clear winner in this ruling.Consider becoming a free or paid subscriber to Executive Functions. Get full access to Executive Functions at executivefunctions.substack.com/subscribe
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30:36
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30:36
Was the Iran Attack Constitutional?
Jack argued early this week that it’s impossible to know whether the U.S. attack against Iran was constitutional “because the constitutional law of war powers is inscrutable.” Bob responded to Jack’s post, contending that although executive branch legal opinions provide support for the attack, that doesn’t resolve the constitutional problem.On this episode, we disagree about the constitutionality of this particular attack, but we agree that our war powers law has reached an unfortunate state of presidential dominance. Get full access to Executive Functions at executivefunctions.substack.com/subscribe
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27:31
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27:31
The Iran Conflict and War Powers
We discuss the law relevant to U.S. engagement in the conflict between Israel and Iran, fledgling congressional resistance to unilateral action in the region, and how public opinion might affect the administration’s decisionmaking. Get full access to Executive Functions at executivefunctions.substack.com/subscribe
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19:21
The Weak L.A. Deployment Ruling
We discuss Judge Breyer’s ruling yesterday evening on California’s challenge to Trump’s federalizing of the National Guard, how the decision might have set forth helpful parameters defining the president’s constitutional authority in this context, and how much the administration’s out-of-court statements influence the opinions flowing from the courts. Get full access to Executive Functions at executivefunctions.substack.com/subscribe
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