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Archive of posts filed under the Uncategorized category.

Congressional Standing to Sue: A Response to Grove and Devins on the History of Congressional Litigation

William and Mary law professors Tara Leigh Grove and Neal Devins have written this article arguing for “a limited congressional power to represent itself in court.” Specifically, they argue that while the House or Senate may enforce subpoenas (including subpoenas directed to the executive branch) in court, neither house may intervene in federal litigation to [...]

Seth Barrett Tillman on the Relationship Between the Origination Clause and Recess Appointment Clause Cases

Professor Tillman sends the following thoughts: I expect one or more, if not all of the Supreme Court’s four liberal members to affirm the DC Circuit’s decision in Noel Canning. The primary issue in Noel Canning is not whether or not the Senate was in recess – but who or what institution gets to decide [...]

Judge Griffith Will Be Delivering The Leventhal Lecture This Tuesday

This Tuesday, November 15, from 12 pm to 2 pm, the Administrative Law and Agency Practice Section of the D.C. Bar will host the Annual Harold Leventhal Lecture. Our speaker will be the Honorable Thomas B. Griffith of the U.S. Court of Appeals for the D.C. Circuit. Judge Griffith will speak on “Congress in the [...]

Article V and the “Runaway Convention”

Article V requires Congress, “on the Application of the Legislatures of two thirds of the several States,” to “call a Convention for proposing Amendments.” This process for proposing constitutional amendments has never been used, in large part because of fears that it would lead to a “runaway convention.” The exact definition of a runaway convention [...]

The Honorable Charles Clark

Charles Clark was nominated to the U.S. Court of Appeals for the Fifth Circuit on October 7, 1969, and he was confirmed eight days later.  Such a speedy confirmation would be unthinkable today, although legend has it that Senator Eastland helped the process along by scheduling the vote when potential opponents were otherwise occupied.  The [...]

Gonzales out, now what?

Attorney General Gonzales has resigned.  ABC News: Attorney General Gonzales Resigns  Will his resignation take effect only upon confirmation of his replacement?  The rumor has been that Homeland Security Secretary Mike Chertoff will be nominated to replace Gonzales, but not clear if this is a done deal.  Chertoff is well-respected and likely would be confirmed, [...]

The Jefferson Search

Set forth below is a short piece I wrote regarding the search of the congressional office of Congressman Jefferson, just before Chief Judge Hogan issued his ruling upholding the search. In the next few days, Chief Judge Thomas Hogan of the United States District Court for the District of Columbia is expected to rule on [...]

Everything Old is New Again

A press release from Congressman Barney Frank states as follows: Congressman Barney Frank (D-MA) introduced legislation today that would require the appointment of a special prosecutor each time the House votes an official of the executive branch in contempt of Congress. “After listening to the testimony of [the Attorney General] before the Judiciary Committee and his refusal [...]