George Washington law professor and economist Neil Buchanan argues that Republicans in Congress have effectively used budget issues to set a trap to impeach the President, but that they might well regret setting that trap.
Former counsel to the president John W. Dean discusses the recent report by the U.S. Senate Select Committee on Intelligence describing the CIA’s use of torture to interrogate suspected terrorists. Dean predicts that the report will not likely lead to any prosecutions or policy changes, but instead might only result in the more frequent torture of Americans captured around the world.
Cornell University law professor Michael Dorf comments on the scope and limits of prosecutorial discretion, as it relates both to President Obama’s executive action on immigration and the Michael Brown case.
Former counsel to the president John W. Dean critiques the GOP for using extortion tactics to get what they want politically. Dean argues that President Obama should openly and frequently denounce Republicans on their abuses of the confirmation process, or else see his presidency end with a whimper.
George Washington University law professor and economist Neil Buchanan explains why recent events detracting from the Affordable Care Act might lead to serious consideration of a single-payer health care system. Buchanan includes in his discussion the Supreme Court’s recent decision in NFIB v. Sebelius, a careless statement by economist Jonathan Gruber, and the upcoming challenge of it before the Supreme Court, King v. Burwell.
Former counsel to the president John W. Dean considers the likelihood that a woman will be elected either as president or vice president in the coming election.
George Washington University law professor and economist Neil Buchanan argues that anti-government ideologues deny facts in order to support their theories of the economy.
George Washington law professor and economist Neil Buchanan argues that to effectively combat economic inequality, the government must employ both progressive taxation and progressive spending.
In light of the recent passing of Ben Bradlee, former counsel to the president John W. Dean recounts his last visit with Bradlee, who was a top editor at The Washington Post during the Nixon Administration and handled the Post’s coverage of the Pentagon Papers and Watergate.
George Washington law professor and economist Neil Buchanan explains how the Ebola crisis highlights the dangerous consequences of demonizing the government.
Chapman University law professor Ronald Rotunda discusses the need for the Attorney General to appoint Special Counsel to investigate IRS misconduct. Rotunda argues that by appointing Special Counsel, the Attorney General can restore America’s faith in the nonpartisanship of the Internal Revenue Service.
Guest columnist and professor of law and government at Cornell University, Joseph Margulies discusses the use of the term “torture” in American media and the public sphere. Margulies describes the change in language after 9/11 and explains the significance of the word’s return to the public’s vocabulary.
John Dean, former counsel to the president, comments on the recent indictment of Texas Governor Rick Perry. Dean cautions against falling for Perry’s and even some Democrats’ quick dismissal of the indictment as politically motivated and lacking sufficient basis. Dean argues that only Perry, not his special prosecutor, may have abused his power.
Chapman University law professor Ronald Rotunda discusses on the lawsuit against President Obama and explains the issue of judicial standing to sue the President for exceeding his constitutional authority. Rotunda points to the U.S. Supreme Court’s recent decision in United States v. Windsor, the case in which the Court struck down Section 3 of the Defense of Marriage Act, as supporting standing for the new case against the President.
For the fortieth anniversary of former President Richard Nixon’s resignation, John Dean, a Justia columnist and former counsel to the president, offers some thoughts and a preview of his newly released book, The Nixon Defense: What He Knew and When He Knew It. As Dean explains in this adapted preface to the book, the narrative is based on actual White House recordings of Watergate-related activities, which Dean himself listened to and transcribed.
John Dean, former counsel to the president, describes former President Richard Nixon’s views of, and influence on, the U.S. Supreme Court. In the process, Dean reveals some tidbits of information about Nixon that he discusses in greater depth in his upcoming book, The Nixon Defense: What He Knew and When He Knew It.
George Washington law professor and economist Neil Buchanan explains why large numbers of people continue to believe erroneously that tax cuts result in greater tax revenues. Buchanan argues that the only real-life examples that seem to support the notion are cherry-picked and anecdotal evidence. He concludes that the claim that tax cuts are self-financing is only barely plausible as a matter of logic, and it has been disproven over and over again by both conservative and liberal economists alike.
Cornell University law professor Michael Dorf comments on the U.S. Supreme Court’s recent decision in NLRB v. Noel Canning, in which the Court unanimously invalidated President Obama’s 2012 appointment of three members of the National Labor Relations Board. Dorf discusses the differences between rationales and implications of the five-Justice majority opinion authored by Justice Breyer and those of the four-Justice concurrence authored by Justice Scalia. Dorf argues that the Court’s rejection of political deadlock as a basis for recess appointments could prove to be an important weapon anytime the majority in the Senate is actively hostile to the President.
Former counsel to the president John W. Dean comments on the recent surprise defeat of House GOP Leader Eric Cantor in his reelection bid for his Virginia congressional seat. Despite some preliminary claims that the election signifies a resurgence of Tea Party activism, Dean suggests taking a hard look at Cantor’s defeat to better and fully understand why he lost. Other factors such as Democrats’ cross-over voting, Dean argues, could have played a role in Cantor’s defeat.
George Washington University law professor and economist Neil Buchanan critiques the argument that income mobility adequately addresses the issue of economic inequality. Buchanan contends that supporters of the mobility argument rely on a theory of mobility that disregards the reality of the permanent effects that poverty has on people. In a companion column next week, Buchanan will discuss where the arguments that Professor Piketty offered in his book Capital in the Twenty-First Century fit into the arguments over inequality, mobility, and redistribution.