
Birthright Citizenship and Nationwide Injunctions
The Court has suddenly decided to place limitations on injunctions when they were preventing a brazenly unconstitutional executive order.
Patrick J. Sobkowski is a lawyer who writes about the administrative state, the presidency, and conservatism. He is currently a resident of Wisconsin. You can follow him on Twitter at @PJSobkowski.
The Court has suddenly decided to place limitations on injunctions when they were preventing a brazenly unconstitutional executive order.
The basics of a jurisprudence that, much more than originalism, defines the second Trump administration.
Justice Robert Jackson's fear that "doctrinaire logic" could turn the Constitution into a "suicide pact" was warranted, but the Bill of Rights is not the problem.
Accountability in theory, impunity and incompetence in practice.
Conservatives have long cast a suspicious eye on American government. They have questioned the efficacy and indeed, the constitutionality of the modern American state. Political debate surrounding the administrative state has raged within the courts, within Congress, and within the administrative apparatus of the executive branch itself. Pejoratively dubbed “the