Supreme Court of the United States Commons^™

28 U.S.C. § 1331 Jurisdiction In The Roberts Court: A Rights-Inclusive Approach, Lumen N. Mulligan

Faculty Works

In this symposium piece, I argue that the Roberts Court, whether intentionally or not, is crafting a 28 U.S.C. § 1331 doctrine that is more solicitous of congressional control than the Supreme Court’s past body of jurisdictional law. Further, I contend that this movement toward greater congressional control is a positive step for the court. In making this argument, I review the foundations of the famous Holmes test for taking § 1331 jurisdiction and the legal positivist roots for that view. I discuss the six key Roberts Court cases that demonstrate a movement away from a simple Holmes test and …

Seila Law As Separation-Of-Powers Posturing, Edward Cantu

Faculty Works

The Court rarely decides separation-of-powers cases, and when it does, academics usually scramble to fit such decisions into a broader doctrinal narrative. Such was the case when in June of 2020 the Supreme Court decided Seila Law LLC v. Consumer Financial Protection Bureau. In short, the Court ruled that it is unconstitutional for Congress to restrict the President’s removal power of an agency head if that agency is headed by a single person. For some reason, the Court concluded that such removal restrictions are permissible when applied to multi-headed agencies but not single-headed agencies. This Article argues that an attempt …

The Separation-Of-Powers And The Least Dangerous Branch, Edward Cantu

Faculty Works

A snapshot of controversies currently surrounding the President highlights a sobering, even if acceptable, reality: we live in an age of extremely amplified president power. From the executive use of military force with little or no congressional approval, to the use of executive orders to effectively make federal policy without congressional involvement, virtually all of these controversies have a common source: the Court’s relegation of enforcement of the separation-of-powers to the political process.

This Article provides an account of this relegation. It argues that all of the Court’s separation-of-powers decisions — even those seeming to strictly enforce the boundaries of …

The Supreme Court Report 2004-05: The End Of The Rehnquist Era, Julie M. Cheslik

Faculty Works

No abstract provided.

Strict Constructionism And The Strike Zone, Douglas O. Linder

Faculty Works

No abstract provided.