Appointment Power – NULR Of Note

Justice Barrett, Purposivism, and the Affordable Care Act

November 10, 2020 Joseph Blass

Between President Trump’s nomination of now-Justice Amy Coney Barrett to Justice Ruth Bader Ginsburg’s former Supreme Court seat and her confirmation, the Justice and her nomination dominated headlines and monopolized what remained of American attention spans already saturated by an election and the COVID-19 pandemic. With Senator Kamala Harris’ dual role as the democratic nominee for Vice President and a member of the Judiciary Committee, much of that attention focused on her questioning of Justice Barrett. But Justice Barrett’s response…

Joe Biden, Donald Trump, and Lower Court Appointments

November 3, 2020 Carl Tobias

President Donald Trump seized the public’s attention when he capitalized on the passing of Supreme Court Justice Ruth Bader Ginsburg by promptly nominating her successor, Amy Coney Barrett, and duly cementing a powerful conservative majority on the Supreme Court before Americans could even appropriately celebrate the life of the pathbreaking jurist. This accelerated Senate confirmation one week before the presidential and senatorial elections illuminates the extreme hypocrisy of President Trump and Senate Republican Leader Mitch McConnell (KY), who refused to…

Role of Private Parties in Public Governance

February 17, 2020 Harold Krent

The following piece is a part of NULR of Note’s “Bring Back The ‘90s” initiative, aimed at exploring the evolution of legal thinking over the past three decades. For more, click here. In Fragmenting the Unitary Executive, I explored the constitutionality of congressional delegations to private parties outside of the federal government. The Supreme Court, pursuant to the Due Process Clause, had invalidated a few congressional delegations to private parties earlier in the century (see, e.g., Carter v. Carter Coal)…

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