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The Law: Defending Congress’S Interests In Court: How Lawmakers And The President Bargain Over Department Of Justice Representation, Neal Devins Sep 2019

The Law: Defending Congress’S Interests In Court: How Lawmakers And The President Bargain Over Department Of Justice Representation, Neal Devins

Neal E. Devins

In understanding the willingness of government lawyers to defend the constitutionality of federal statutes, this article will explain why presidents rarely make use of their powers under the Constitution (allowing the president to refuse to defend laws he finds unconstitutional) and under federal law (placing the control of most government litigation with the attorney general). Attention will be paid both to how Department of Justice lawyers enhance their power by defending federal statutes and to how Congress, if need be, can pressure the department to bow to lawmaker preferences. In consequence, when the president refuses to defend a statute, courts ...


Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum Sep 2019

Split Definitive: How Party Polarization Turned The Supreme Court Into A Partisan Court, Neal Devins, Lawrence Baum

Neal E. Devins

No abstract provided.


Congress, The Courts, And Party Polarization: Why Congress Rarely Checks The President And Why The Courts Should Not Take Congress’S Place, Neal Devins Sep 2019

Congress, The Courts, And Party Polarization: Why Congress Rarely Checks The President And Why The Courts Should Not Take Congress’S Place, Neal Devins

Neal E. Devins

No abstract provided.


Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins Sep 2019

Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins

Neal E. Devins

With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation ...


Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins Sep 2019

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins

Neal E. Devins

No abstract provided.


What Standards Apply When Freedoms Collide?, Neal Devins Sep 2019

What Standards Apply When Freedoms Collide?, Neal Devins

Neal E. Devins

No abstract provided.


Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins Sep 2019

Where's The Politics?: Introduction To Williams, Eastland, Days, And Rabkin, Neal Devins

Neal E. Devins

No abstract provided.


What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins Sep 2019

What Brown Teaches Us About The Rehnquist Court's Federalism Revival, Neal Devins

Neal E. Devins

No abstract provided.


Tom Delay: Popular Constitutionalist?, Neal Devins Sep 2019

Tom Delay: Popular Constitutionalist?, Neal Devins

Neal E. Devins

No abstract provided.


The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz Sep 2019

The Uneasy Case For Department Of Justice Control Of Federal Litigation, Neal Devins, Michael Herz

Neal E. Devins

No abstract provided.


The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts Sep 2019

The Triumph Of Timing: Raines V. Byrd And The Modern Supreme Court's Attempt To Control Constitutional Confrontations, Neal Devins, Michael A. Fitts

Neal E. Devins

No abstract provided.


The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel Sep 2019

The Supreme Court, Social Psychology, And Group Formation, Neal Devins, William Federspiel

Neal E. Devins

No abstract provided.


The Supreme Court And Private Schools: An Update, Neal Devins Sep 2019

The Supreme Court And Private Schools: An Update, Neal Devins

Neal E. Devins

No abstract provided.


The Steel Seizure Case: One Of A Kind?, Neal Devins, Louis Fisher Sep 2019

The Steel Seizure Case: One Of A Kind?, Neal Devins, Louis Fisher

Neal E. Devins

No abstract provided.


The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins Sep 2019

The Interactive Constitution: An Essay On Clothing Emperors And Searching For Constitutional Truth, Neal Devins

Neal E. Devins

No abstract provided.


The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins Sep 2019

The Last Word Debate: How Social And Political Forces Shape Constitutional Values, Neal Devins

Neal E. Devins

No abstract provided.


The Judicial Safeguards Of Federalism, Neal Devins Sep 2019

The Judicial Safeguards Of Federalism, Neal Devins

Neal E. Devins

No abstract provided.


The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash Sep 2019

The Indefensible Duty To Defend, Neal Devins, Saikrishna B. Prakash

Neal E. Devins

Modern Justice Department opinions insist that the executive branch must enforce and defend laws. In the first article to systematically examine Department of Justice refusals to defend, we make four points. First, the duties to enforce and defend lack any sound basis in the Constitution. Hence, while President Obama is right to refuse to defend the Defense of Marriage Act, he is wrong to continue to enforce a law he believes is unconstitutional. Second, rather than being grounded in the Constitution, the duties are better explained by the Department of Justice’s (DOJ) desire to enhance its independence and status ...


The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins Sep 2019

The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins

Neal E. Devins

No abstract provided.


The Amicus Machine, Allison Orr Larsen, Neal Devins Sep 2019

The Amicus Machine, Allison Orr Larsen, Neal Devins

Neal E. Devins

The Supreme Court receives a record number of amicus curiae briefs and cites to them with increasing regularity. Amicus briefs have also become influential in determining which cases the Court will hear. It thus becomes important to ask: Where do these briefs come from? The traditional tale describes amicus briefs as the product of interest-group lobbying. But that story is incomplete and outdated. Today, skilled and specialized advocates of the Supreme Court Bar strategize about what issues the Court should hear and from whom they should hear them. They then “wrangle” the necessary amici and “whisper” to coordinate the message ...


The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken Sep 2019

The Constitution And Congressional Committees, 1971-2000, Keith E. Whittington, Neal Devins, Hutch Hicken

Neal E. Devins

No abstract provided.


The Constitution Between Friends, Neal Devins Sep 2019

The Constitution Between Friends, Neal Devins

Neal E. Devins

No abstract provided.


The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins Sep 2019

The Academic Expert Before Congress: Observations And Lessons From Bill Van Alstyne's Testimony, Neal Devins

Neal E. Devins

No abstract provided.


Signing Statements And Divided Government, Neal Devins Sep 2019

Signing Statements And Divided Government, Neal Devins

Neal E. Devins

No abstract provided.


Should The Supreme Court Fear Congress?, Neal Devins Sep 2019

Should The Supreme Court Fear Congress?, Neal Devins

Neal E. Devins

No abstract provided.


Social Meaning And School Vouchers, Neal Devins Sep 2019

Social Meaning And School Vouchers, Neal Devins

Neal E. Devins

No abstract provided.


Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins Sep 2019

Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins

Neal E. Devins

No abstract provided.


Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins Sep 2019

Same-Sex Marriage And The New Judicial Federalism: Why State Courts Should Not Consider Out-Of-State Backlash, Neal Devins

Neal E. Devins

No abstract provided.


Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, And The Consequences Of Returning The Constitution To Elected Government, Neal Devins Sep 2019

Rethinking Judicial Minimalism: Abortion Politics, Party Polarization, And The Consequences Of Returning The Constitution To Elected Government, Neal Devins

Neal E. Devins

No abstract provided.


N.H. Bar's Residency Requirement Faces A Constitutional Challenge, Neal Devins Sep 2019

N.H. Bar's Residency Requirement Faces A Constitutional Challenge, Neal Devins

Neal E. Devins

No abstract provided.