Tag Archives: Executive Order
The President’s Orders Targeting Law Firms as Unconstitutional Bills of Attainder—Damning Lessons from the Past

Guest columnist Gary J. Simson—Macon Chair in Law at Mercer Law School and Professor Emeritus at Cornell Law School—critiques executive orders issued by President Donald Trump that punish specific law firms for their clients or past actions, arguing that these orders resemble historically condemned legislative punishments known as bills of attainder. Professor Simson contends that these orders are fundamentally unconstitutional assaults on the legal system and should be challenged under the Constitution’s Bill of Attainder Clause, which was designed to prevent exactly such abuses of power.

Turning Administrative Agencies into the President’s Puppets

NYU Law professor Samuel Estreicher critiques President Trump’s Executive Order 14,215, which mandates that all administrative agencies adopt the legal interpretations of the President or Attorney General as the official position of the U.S. government. Professor Estreicher argues that this directive dangerously undermines the independence of federal agencies and the constitutional separation of powers, and should therefore be rescinded or struck down by the courts.

What Does the Path Ahead Look Like for President Trump’s Birthright Citizenship Order as We Approach Next Week’s Oral Argument? Observations on Nationwide Injunctions, the Merits of Constitutional Birthright Citizenship and the Unlikelihood of Severability

UC Davis Law professor Vikram David Amar examines the legal and constitutional issues surrounding President Donald Trump’s Executive Order aimed at denying birthright citizenship to certain U.S.-born children of non-citizen parents, with a particular focus on upcoming Supreme Court arguments about the legitimacy of nationwide injunctions blocking the Order. Professor Amar argues that the Order is flagrantly unconstitutional under the Fourteenth Amendment’s clear text and historical context and expresses concern that resolving procedural questions about injunctions in this unusual and highly politicized case may lead to inadequate judicial guidance on an important issue.

Why Coordinated Resistance by Law Firms to The Trump Administration’s Targeted Executive Orders Against BigLaw Would Not Run Afoul of Antitrust Restrictions

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone examine the legal and ethical implications of recent executive orders from the White House targeting law firms for their past work opposing the administration, and they discuss the resulting fragmentation within the legal profession over how to respond. Professors Amar and Mazzone argue that while individual law firms may face practical incentives to capitulate, coordinated resistance would be both more effective and legally protected under the First Amendment based on analogous Supreme Court precedents on collective political action and petitioning the government.

The Complexities of a “Motive” Analysis in Challenging President Trump’s Executive Order Regarding Entry to the United States

Illinois Law dean and professor Vikram David Amar and UC Davis Law emeritus professor Alan E. Brownstein explain the complexities behind analyzing the motive underlying legislation and executive orders. Specifically, Amar and Brownstein highlight the difficulty in courts’ using perceived motive to strike down President Trump’s executive order regarding entry to the United States.

Did Trump’s “Muslim Ban” Talk Permanently Taint His Immigration Policy?

Cornell University law professor Michael C. Dorf considers whether President Trump’s new executive order on immigration, anticipated to be issued this week, will fare better than Executive Order 13769, which temporarily banned nationals of seven predominantly Muslim countries and all refugees from entering the United States. Dorf discusses Trump’s past public statements advocating for a Muslim ban during his presidential campaign and applies the factors courts may use in evaluating whether those statements can be considered evidence of Trump’s motives for his actions as president, should the constitutionality of his executive order be challenged in court again.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at the University of... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more