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Will Politics and Practicality Trump Precedent & Separation of Powers in Nationwide Injunction Case?
Blogs
Prior to last Thursday’s Supreme Court oral argument in the consolidated birthright citizenship cases, most legal prognosticators proclaimed the high court would finally put an end to nationwide injunctions. Afterall, a majority of the justices in concurrences or dissents had criticized the granting of—by single district court judges—injunctions that applied on a nationwide basis and…
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The constitution, the courts, and nationwide injunctions
The Supreme Court will consider the propriety of nationwide injunctions next week in three consolidated cases involving challenges to President Donald Trump’s executive orders purporting to end birthright citizenship. The flurry of nationwide injunctions since Trump’s re-election creates the impression that the issue before the high court is a political one. It is not. Rather,…
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On Judicial Tenure
Blogs
On April 24, I had the pleasure of arguing before the United States Court of Appeals for the District of Columbia Circuit in Newman v. Moore. During the argument, the panel of judges inquired as to what is the appropriate standard for removing judges from office, and whether that standard is different from the standard…
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Trump’s tariffs are unconstitutional — we’re suing to end them
A small business in Florida is facing illegal tariffs imposed by the Trump administration on imports from China and other countries. Our organization, the New Civil Liberties Alliance, has filed a lawsuit in federal court because these tariffs are unlawful. The company is named Simplified. It was founded by CEO Emily Ley and sells premium…
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Could Jarkesy Help Resolve Circuit Split on NLRB’s Authority to Impose Monetary Remedies?
Blogs
Judge Bumatay’s dissent in Int’l Union of Operating Eng’rs, Stationary Eng’rs, Loc. 39 v. NLRB, 127 F.4th 58, 79 (9th Cir. 2025), suggests that SEC v. Jarkesy, 603 U.S. 109 (2024)—which held that the SEC’s in-house adjudication of civil-penalty claims violated the accused’s right to a jury trial in an Article III court—may be key…
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Abolish Cigie to Save the Constitution
The media has noted President Trump’s termination of inspectors general from more than a dozen federal agencies but has overlooked a larger threat to presidential control of the executive branch. Congress intentionally insulated the Council of the Inspectors General for Integrity and Efficiency from presidential control, essentially leaving it accountable to no one. Cigie—pronounced “Siggy”—is…
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