U.S. Supreme Court
Does the Unitary Executive Theory Exist? Not really.
It’s just another ideological confection to impose right-wing policies: the Supreme Court’s argument last week shows it
At Legal Planet, we often bemoan and gnash our teeth at the Unitary Executive Theory, which supposedly holds that because “the Executive Power shall be vested in the President of the United States,” Congress can not circumscribe the President’s removal authority or even his ability to manage federal agencies in any way. But last week, …
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CONTINUE READINGWhat Critics of the Unitary Executive Missed
This conservative theory has damaged democracy in unexpected ways.
You would think that some of the conservatives on the Supreme Court would start to see that their ideas about how to run the government are flawed. Sadly, there’s no evidence that they’ve seen the light. It’s true that they seem to be willing to make an ad hoc exception for the Federal Reserve, showing the truth of the saying that everyone’s scared of the bond market. But other than that, they seem happy to allow a single person’s whims to control the government. We’re going to need to figure out some new approaches if we want to have a government that implements in the law in a rational, even-handed way.
CONTINUE READINGWait — WHAT??
Science funding has been spared the worst cuts for now, but don’t believe the hype — and know that the White House has more tricks up its sleeve.
The topline headlines look great: CNN: Trump wants to slash funding for federal climate and weather research. Congress is about to tell him ‘No’ Reuters: US Senate passes bill to boost federal science spending after White House sought major cuts NBC: Congress passes bill to fund U.S. science agencies, rebuffing Trump’s requested cuts And there …
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CONTINUE READINGA Procedural Snarl in the Oil Patch
Can oil companies use World War II contracts to vault from state to federal court in cases about present-day coastal damage?
As a matter of common sense, however, it’s hard to see why oil production activities that would not otherwise be considered “federal” should change their statute because the producers also happen to own refineries — especially since in some instances it appears that all the oil from one of their fields might be going to a different refinery anyway. But textualist judges aren’t necessarily attended to common sense.
CONTINUE READINGTakings Between the Sheetz
…in which I actually praise Brett Kavanaugh
It seems absurd to blog about legal doctrine nowadays, but I, like many, am preparing for Spring term classes, and Takings represents one way that the Supremes might try to destroy American government. So it is always good to keep it in mind. Most of us know the issues concerning exactions – when a government …
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CONTINUE READING2026: The Year Ahead
Here are six big things to watch.
What to watch for environmentally in 2026: court tests of Trump’s power, midterms, China, grid issues, and state energy moves. In 2025, Trump rolled out new initiatives at a dizzying rate. That story, in one form or another, dominated the news. This year, much of the news will again be about Trump, but he will have less control of the narrative. Legal and political responses to Trump will play a greater role, as will economic developments. Trump’s anti-environmental crusade could run into strong headwinds.
CONTINUE READINGThat Was the Year That Was
2025 had a lot of bad environmental news, but also a few rays of hope.
2025 has been a dark time for Americanswho care about the environment. Rather than being a repeat of his first term, which had been bad enough environmentally, Trump’s second term has been a tsunami of bad news. Besides some outright rollbacks, Trump has done his best to purge the government of programs and people implementing environmental law. Much of that has been illegal but effective anyway. The demolition of the East Wing will be remembered as a defining moment, the perfect metaphor for an Administration that has religiously embraced the motto, “move fast and break things.”
CONTINUE READINGCan Anyone Stop The Kennedy Center Abomination?
The answer may surprise you!!
A friend wrote to me on Friday, asking: isn’t Trump’s “renaming” of the Kennedy Center obviously illegal?” I couldn’t help responding: “what is this ‘illegal’ of which you speak?” Trump has broken so many laws with impunity, and been given a pass by a MAGAt Supreme Court and a supine Congress that such questions do …
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CONTINUE READINGSCOTUSblog Falls Into the MAGA Orbit
It’s not there yet, but danger signs are appearing. Invest in real journalism to stop the bleeding.
Like most law nerds, I often check out SCOTUSblog when I want to see what the Corrupt Six are doing nowadays. But I had not caught one major change that we should all watch out for: it has become a part of the right-wing media ecosystem. A few months ago, it was purchased by The …
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CONTINUE READINGThe Top Ten Things to be Thankful for this Year
It’s been a horrible year for federal environmental law, but there are hopeful developments elsewhere.
This is, if not the winter of our discontent, at least the late autumn. In terms of federal environmental policy, 2025 has been a disaster. Trump’s previous term in office pales by comparison. But all is not gloomy. Outside of D.C., there have been encouraging developments within the U.S. and globally.
Here are ten of those positive developments.
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