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The Latest Breaking News from Steve Vladeck

These Progressives Seek to 'Disempower' the Courts

Is unfettered majority rule actually a good idea for the left to embrace?

Reason

What is the Insurrection Act, and can Trump use it?

President has threatened to invoke 19th-century law as a means to control mobilization of national guard troops

The Guardian - US

US supreme court begins new term with nation’s democratic governance at stake

Scrutiny on the nine justices is about to reach a new level of intensity as Trump aggressively asserts executive power

The Guardian - US

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Courts are Checking Trump More Effectively than Many Think

Legal scholar Steve Vladeck explains how and why.

Reason

The 150-year-old law that governs military's role in local law enforcement

President Donald Trump’s recent actions have sparked debate over the Posse Comitatus Act, a law from 1878 that limits military involvement in domestic affairs

The Independent UK

The umpire who picked a side: John Roberts and the death of rule of law in America

The chief justice of the US has painted himself as a modern institutionalist over the past 20 years. Experts say he’s emboldening Trump’s drive toward authoritarianism

The Guardian - US

The nearly 150-year old law that Trump is testing with domestic troop deployment

President Donald Trump's recent actions have sparked debate over the Posse Comitatus Act, a law from 1878 that limits military involvement in domestic affairs

The Independent UK

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Are We Witnessing "Appeasement"? A Reply to Steve Vladeck

A defense to Steve Vladeck's critique and a brief comment on Adrian Vermeule's related op-ed in the New York Times.

Reason

The Attorney General Can Put Her Own Legal Team in Place—through U.S. Attorneys in New Jersey and Elsewhere

Acting through through Section 546, or temporarily through the Federal Vacancies Reform Act, the Attorney General is entitled to appoint U.S. Attorneys for the District of New Jersey and all other federal judicial districts. If done properly, such appointments preempt any need for judges to appoint U.S. Attorneys. But it…

Reason

Mistaking Adherence to Formalist Principle for Appeasement

The Supreme Court's critics are too quick to assume the Court's orders are motivated by political considerations as opposed to principle.

Reason

TribCast: A very unusual Supreme Court term

The TribCast gang is finally reunited, just in time to dive into the big cases and unresolved questions from the term.

The Texas Tribune

Texas’ swift surrender to DOJ on undocumented student tuition raises questions about state-federal collusion

Experts say Wednesday’s action to eliminate the long-standing policy could be a “collusive lawsuit,” where the state and feds worked the courts to get a desired outcome.

The Texas Tribune

How can Trump use the national guard on US soil?

Trump ordered the deployment of 4,000 national guard and 700 marines to LA amid Ice protests – here’s what to know

The Guardian - US

Lee Kovarsky, D. Theodore Rave, and Steve Vladeck on Class Actions and the Alien Enemies Act Litigation

Kovarsky and Rave defend the use of class actions in AEA habeas cases. Vladeck highlights the significance of the Supreme Court's grant of an injunction to a "putative class" of AEA detainees.

Reason

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Roll Call

Trump's first 100 days offer blueprint for future presidents to evade Congress - Roll Call

President Trump's first 100 days back in office has given future presidents a roadmap to making end-runs around Congress.

Reason

Rights and Wrongs of the Supreme Court's Ruling in the Alien Enemies Act Case

The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.

The Guardian - US

White House denies violating judge’s order with Venezuela deportations

Trump administration used Alien Enemies Act to deport about 250 alleged gang members to El Salvador

Al Jazeera

Trump deports 238 ‘gang members’ to El Salvador: What’s the controversy?

The US president invokes a 1798 law to deport alleged members of the Venezuelan gang Tren de Aragua to El Salvador.

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Reason

SCOTUS DOGE: The Wall of Receipts for President Trump's Three Appointees

Republicans have a problem. Since the Nixon Administration, Republican Presidents have appointed sixteen out of twenty-one Supreme Court justices. But… The post SCOTUS DOGE: The Wall of Receipts for President Trump's Three Appointees appeared first on Reason.com.

International Business Times

Trump Administration Gets A Breather As Supreme Court Temporarily Pauses Foreign Aid Deadline

U.S. Supreme Court Chief Justice John Roberts issued a temporary order, known as an "administrative stay," putting the deadline on hold. This action gives the court a few days to review the case and the administration's request to block the ruling.

Reason

Trump's Attempt to Usurp Congress's Spending Power

The White House's withholding of federal grants, impoundment plans, and other actions, are a major attack on the separation of powers.

Reason

Trump's Birthright Citizenship Order Doesn't Just Apply to Undocumented Immigrants

Children could be denied citizenship even if their parents are here completely legally.

The Guardian - US

If Trump wins the election, he could seize control of America’s courts

Fears are growing that Trump, emboldened by the immunity ruling, could strengthen his grip on the US judiciary

Al Jazeera

Fact check: Can Trump use a 1798 law to carry out mass deportations?

The law has been used three times in history – but only when the United States has been at war with a foreign nation.

The Texas Tribune

Again and again, U.S. Supreme Court slaps down 5th Circuit

The New Orleans-based court, which hears Texas cases, is pushing the federal judiciary to the right, even when it gets overturned by a higher court.

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