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Tara L. Grove

2019

Judicial Power

Articles 1 - 3 of 3

Full-Text Articles in Law

The Supreme Court's Legitimacy Dilemma, Tara Leigh Grove Sep 2019

The Supreme Court's Legitimacy Dilemma, Tara Leigh Grove

Tara L. Grove

No abstract provided.


A (Modest) Separation Of Powers Success Story, Tara Leigh Grove Sep 2019

A (Modest) Separation Of Powers Success Story, Tara Leigh Grove

Tara L. Grove

No abstract provided.


Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins Sep 2019

Congress's (Limited) Power To Represent Itself In Court, Tara Leigh Grove, Neal Devins

Tara L. Grove

Scholars and jurists have long assumed that, when the executive branch declines to defend a federal statute, Congress may intervene in federal court to defend the law. When invalidating the Defense of Marriage Act, for example, no Supreme Court Justice challenged the authority of the House of Representatives to defend federal laws in at least some circumstances. At the same time, in recent litigation over the Fast and Furious gun-running case, the Department of Justice asserted that the House could not go to court to enforce a subpoena against the executive. In this Article, we seek to challenge both claims. …