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

The Justices to Consider Compassionate-Release Statute

The Supreme Court is set to deliberate on significant issues surrounding the compassionate-release statute, a crucial legal framework that governs the potential for federal prisoners to seek sentence reductions. This statute, codified as 18 U.S.C. ยง 3582(c)(1)(A)(i), was established under the Sentencing Reform Act of 1984. It allows for the modification of a prisoner’s sentence when they demonstrate “extraordinary and compelling reasons” that warrant such a change, subject to criteria established by the U.S. Sentencing Commission. Overview of the Upcoming Cases On November 12, the Supreme Court will hear arguments in two pivotal cases: Fernandez … Read more

Justices Agree to Decide Major Election Law Case

In a pivotal moment for election law, the Supreme Court has agreed to hear a significant case that could redefine the parameters of ballot counting in federal elections. This case, known as Watson v. Republican National Committee, stems from a challenge to a Mississippi law that allows mail-in ballots to be counted if they are received within five business days after Election Day. The implications of this ruling could resonate across the United States, as similar laws exist in over 30 states and the District of Columbia. Background of the Case The dispute traces back … Read more

Supreme Court Temporarily Pauses Ruling on November SNAP Payments

On November 7, 2023, the Trump administration sought intervention from the Supreme Court regarding a ruling from a federal judge in Rhode Island. The ruling mandated that the government disburse $4 billion to fully fund the Supplemental Nutritional Assistance Program (SNAP) for the month of November. This unprecedented order raised significant concerns about the separation of powers, as articulated by U.S. Solicitor General D. John Sauer. Background of the SNAP Funding Crisis The Supplemental Nutritional Assistance Program, commonly referred to as SNAP, is a crucial federal initiative designed to provide food assistance to low-income individuals … Read more