Neal Katyal

Federalism Is For Suckers

Donald Trump’s Assertion That He Can Order the States Around Is Unconstitutional: But Leave Federalism and the 10th Amendment Out of It

Five days is a lifetime in politics, and especially in the age of the internet. Donald Trump has – for now – given up on saying he can order governors to “reopen” their states, but the debate surrounding it has perverted our constitutional discussion. And that needs fixing. Wags from right to left – not …


Solicitor General Katyal Flunks Supreme Court History

At least he did at the oral argument in Connecticut v. AEP yesterday: [Lawyer for the state plaintiffs Barbara] Underwood, pressed to cite past court cases that might show this particular lawsuit could work in court, had no close parallels to rely upon. Chief Justice John G. Roberts, Jr., had pressed her to come up …