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Full-Text Articles in Legal History

Amicus Brief In Collins V. Mnuchin On Original Public Meaning Of Presidential Removal And The 'Decision Of 1789', Jed Handelsman Shugerman Oct 2020

Amicus Brief In Collins V. Mnuchin On Original Public Meaning Of Presidential Removal And The 'Decision Of 1789', Jed Handelsman Shugerman

Faculty Scholarship

Petitioners and the en banc Court of Appeals below have rested their contention that the Constitution grants the President at-will removal authority over the head of the Federal Housing Finance Agency (FHFA) on historical claims about the first Congress’s ostensible “Decision of 1789.” In so doing, Petitioners are following Chief Justice Taft’s account in Myers v. United States, upon which this Court relied on in 2010 and again last term for an originalist interpretation of Article II. New historical research shows that Myers was incorrect. The “Decision of 1789” actually supports, rather than undermines, Congress’s power to limit presidential removal. …


"We're Your Government And We're Here To Help": Obtaining Amicus Support From The Federal Government In Supreme Court Cases, Patricia A. Millett Apr 2009

"We're Your Government And We're Here To Help": Obtaining Amicus Support From The Federal Government In Supreme Court Cases, Patricia A. Millett

The Journal of Appellate Practice and Process

No abstract provided.


When Does The Curiae Need An Amicus?, Luther T. Munford Jul 1999

When Does The Curiae Need An Amicus?, Luther T. Munford

The Journal of Appellate Practice and Process

An argument is made for freely granting leave of amicus motions.