Borderlines, Benchslaps, and Burdens of Proof

The legal landscape surrounding immigration, federal authority, and the interpretation of statutes continues to evolve, particularly in light of recent Supreme Court cases. The discussions surrounding these cases often highlight the delicate balance between state and federal powers, as well as the implications of judicial interpretations on policy and individual rights. Understanding these nuances is essential for comprehending how borderlines, both literal and figurative, shape the legal framework within which these cases operate. Borderlines in Immigration Law The Immigration and Nationality Act stipulates that an alien who “arrives in the United States” can apply for … Read more

Making Sense of the Emergency Appropriations Decisions

The recent decisions regarding emergency appropriations have underscored a significant shift in the relationship between executive power and legislative spending authority. This phenomenon, termed “appropriations presidentialism,” has gained traction during the second Trump Administration, prompting a series of legal challenges that culminated in critical rulings by the Supreme Court. These rulings, while thinly reasoned, are poised to influence future appropriations litigation and clarify the boundaries of executive spending authority. Overview of the Current Appropriations Landscape The appropriations landscape in the United States has become increasingly complex, particularly in light of recent legal disputes involving executive … Read more

Federal official challenges Trump administration’s power to fire her

In a significant legal challenge, Shira Perlmutter, the former head of the U.S. Copyright Office, has contested her dismissal by the Trump administration. Her case raises critical questions about the authority of the executive branch in personnel decisions and the interpretation of statutory provisions governing her position. The outcome of this case could have lasting implications for the balance of power within federal agencies. The Circumstances of Perlmutter’s Dismissal Shira Perlmutter was appointed to her role as the Register of Copyrights in 2020 by Carla Hayden, who was then the Librarian of Congress. This position … Read more

Federal official challenges Trump administration’s power to fire her

Shira Perlmutter, the former head of the U.S. Copyright Office, has become a central figure in a significant legal battle following her dismissal by the Trump administration. The circumstances surrounding her termination raise critical questions about the authority of the executive branch and its adherence to congressional intent. Perlmutter’s legal team is advocating for her reinstatement, arguing that her firing was not only unjust but also undermined the integrity of the office she led. Background of the Case Perlmutter was appointed to her role in 2020 by Carla Hayden, then Librarian of Congress. This position, … Read more