Cato Supreme Court Review: 2019-2020

Cato Supreme Court Review: 2019-2020

by Trevor Burrus

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In this annual review from the Cato Institute, leading legal scholars analyze the 2019-2020 Supreme Court term, specifically the most important and far-reaching cases of the year, plus cases coming up. Now in its nineteenth edition, the Review is the first scholarly journal to appear after the term's end and the only one grounded in the nation's first principles, liberty, and limited government.

Product Details

ISBN-13: 9781952223129
Publisher: Cato Institute
Publication date: 09/17/2020
Series: Cato Supreme Court Review , #19
Sold by: Barnes & Noble
Format: NOOK Book
Pages: 300
File size: 825 KB

About the Author

Trevor Burrus is a research fellow in the Cato Institute’s Robert A. Levy Center for Constitutional Studies and editor‐​in‐​chief of the Cato Supreme Court Review. He is the editor of A Conspiracy against Obamacare (Palgrave Macmillan, 2013) and Deep Commitments: The Past, Present, and Future of Religious Liberty (Cato Institute, 2017). He is also the cohost of Free Thoughts, a weekly podcast that covers topics in libertarian theory, history, and philosophy.

Table of Contents

Foreword The Roberts Court Ilya Shapiro ix

Introduction Trevor Burrus 1

Annual B. Kenneth Simon Lecture

Judicial Independence and the Roberts Court Judge Thomas M. Hardiman 15


Executive Immunity

All the President's Papers Jonathan H. Adler 31

The Electoral College

The Vexing Problem of Faithless Electors Keith E. Whittington 67

Criminal Justice

"Still [Not] Crazy after All These Years": Kahler v. Kansas and the Intersection of Criminal and Constitutional Law Paul J. Larkin Jr. 99

The Administrative State And The Executive Branch

The DACA Case: Agencies' "Square Corners" and Reliance Interests in Immigration Law Peter Margulies 127

The Removal Power: A Critical Guide Ilan Wurman 157

Liu v. SEC: Limiting Disgorgement, but by How Much? Jennifer J. Schulp 203

The Administrative State as a New Front in the Culture War: Little Sisters of the Poor v. Pennsylvania Tanner J. Bean Robin Fretwell Wilson 229

Government Accountability

The Disingenuous Demise and Death of Bivens Stephen I. Vladeck 263

The Bill of Rights

The Dimming of Blaine's Legacy Clint Bolick 287

The Heller-ization of Originalism: Ramos v. Louisiana and the Problem of Frozen Context Nicholas M. Mosvick Mitchell A. Mosvick 309

Next Year

Looking Ahead: Déjà Vu at the Supreme Court Anastasia Boden 339

Contributors 359

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