Two new pieces of scholarship from me: (1) Separation-of-Powers Lochnerism (draft here: https://t.co/xDYK40JzaO) and (2) Taking Legality Seriously: What the Major Questions Doctrine Is - And Isn’t (with @BlochOfra) ( https://t.co/UNjZOtmmzO) (1/5)

It’s up! Separation-of-Powers Lochnerism is finally in print. It argues that the Roberts Court does to the separation of powers what Lochner once did to rights. https://t.co/g3aSHfEn1z Thanks to the superb editors at Fordham L. Rev, and the readers who gave thoughtful feedback.

Trump’s National Guard deployments reignite 200-year-old legal debate over state vs. federal power @ConversationUS @ascoseriakatz https://t.co/zx2PVNxbKU

-Despite the Court’s hints today, agencies like the NLRB and MSPB have been constitutional for well over a century; -The Fed can’t be singled out for special treatment b/c it has a “unique structure”—it’s a government agency like all the others. (2/2)

Just published: @LevMenand reacts to ominous signs that SCOTUS will soon declare independent agencies unconstitutional in the Wilcox case, while carving out an exception for the Fed. As Lev points out: (1/2) https://t.co/l7ZbWZ0jIj

Regardless of your political party — even if this was Obama or any popular Democratic president — an American should be concerned that the leader of our democracy is referring to himself as a monarch. (Right?) (Here come the replies!)

periodic reminder that 1. the formalist argument against Humphrey’s Executor proves more than even Scalia could swallow, and 2. tenure limitations on executive offices and enforcement of federal law by people the president cdnt control both go back to the founding of republic

A lot of students think that law doesn't count for anything, that it's just politics all the way down. And it can go that way. It probably will in the end. But it can go this way too.

This is an incredible resignation letter from SDNY prosecutor Hagan Scotten. It’s the type of thing you show your kids as an example of how to be.

DOJ leadership has put all Public Integrity Section lawyers into a room with 1 hour to decide who will dismiss Adams indictment or else all will be fired. Sending them strength to stand by their oath, which is to support the Constitution, not the president’s political agenda. 🇺🇸

The Trump administration seems to be gearing up to defy a court order, with JD Vance tweeting this morning: “Judges aren’t allowed to control the executive’s legitimate power.” The battle lines for our democracy have been drawn. 1/9

https://t.co/hi1sM73zXB

Feedback is welcome!

(5/5) in reining in executive branch overreach. However, we argue, the Roberts Court’s version lacks guardrails and meaningful theoretical limits. We offer a critique of the MQD's application and a suggestion for a way forward.

(4/5) “Legality” shows that, surprisingly, the controversial MQD, recently used by the Roberts Court to invalidate “major” actions by agencies, has near-exact analogues in other global jurisdictions (Germany, Israel, South Africa, France, UK), and plays a critical role there

(3/5) what the separation of powers means. For many reasons, I argue, we must push back on this project.

(2/5) “SOP Lochnerism” argues that the Roberts Court, like Lochner, invokes self-made higher-law principles—this time, to build a new separation of powers: a dominant president, a constrained Congress, subordinated agencies, and a judiciary acting as the final umpire of

Katz on Separation-of-Powers Lochnerism

Trump’s own unorthodox rise, focus on loyalty loom large as nominees face headwinds https://t.co/06LCAy1Jsq

Congrats to @ascoseriakatz on the publication of her latest article, “A Regime of Statutes: Building the Modern President in Gilded Age America (1873-1921)” in @WisLRev!