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ABOUT THIS EPISODE Steve Vladeck is the A. Dalton Cross Professor in Law at the University of Texas School of Law. He's also a prolific writer and CNN's Supreme Court analyst, and he's argued before the U.S. Supreme Court. He joined me to discuss the President's power to appoint individuals in an acting capacity in senior positions. This is a power that can be abused--and some would argue has been abused by President Trump. We discuss the power, and possible reforms that could limit abuse. LINKS Steve Vladeck's UT-Austin profile (https://law.utexas.edu/faculty/stephen-i-vladeck) "Trump is abusing his authority to name 'acting secretaries': Here's how Congress can stop him." (by Vladeck, for Slate) (https://slate.com/news-and-politics/2019/04/trump-acting-secretaries-dhs-fvra-senate-reform.html) "Trump relies on acting Cabinet officials more than most presidents. It's not an accident." (by Phillip Bump, for the Washington Post) (https://www.washingtonpost.com/politics/2019/04/08/trump-relies-acting-cabinet-officials-more-than-most-presidents-its-not-an-accident/) "How America got to 'zero tolerance' on immigration: The inside story," (by Jason Zengerle, for the New York Times) (https://www.nytimes.com/2019/07/16/magazine/immigration-department-of-homeland-security.html) "Supreme Court rules against Apple, as Kavanaugh sides with liberal Justices." (by Bill Chappell, for National Public Radio) (https://www.npr.org/2019/05/13/722831702/supreme-court-rules-against-apple-as-kavanaugh-sides-with-liberal-justices) The Federal Vacancies Reform Act (https://www.law.cornell.edu/uscode/text/5/3345) Special Guest: Stephen Vladeck.
ABOUT THIS EPISODE Stephen Vladeck is the A. Dalton Cross Professor in Law at the University of Texas School of Law. He's also CNN's Supreme Court analyst. On the day of its announcement, he and I spoke about the Supreme Court's decision not to review a lower court decision that is at least partially related to abortion (Andersen v. Planned Parenthood of Kansas and Mid-Missouri). He also shared his thoughts on what it means that it appears Chief Justice Roberts and Associate Justice Kavanaugh did not join their conservative colleagues in voting to take up the case. LINKS --Vladeck's webpage at UT-Austin (https://law.utexas.edu/faculty/stephen-i-vladeck) --SCOTUSblog's summary of Andersen v. Planned Parenthood of Kansas and Mid-Missouri (http://www.scotusblog.com/case-files/cases/andersen-v-planned-parenthood-of-kansas-and-mid-missouri/) Special Guest: Stephen Vladeck.
ABOUT THIS EPISODE Judge Brett Kavanaugh currently sits on the U.S. Court of Appeals for the D.C. Circuit, but he's better known now as the most recent Supreme Court nominee by President Donald Trump, nominated to replace retired Associate Justice Anthony Kennedy. This is the first of two episodes focused on Kavanaugh's record and thinking, and the impact his addition would likely have on the Court. I spoke with Peter Margulies and Stephen Vladeck. Margulies is Professor of Law at Roger Williams University's School of Law, where he teaches national security law, immigration law, and international law. Vladeck is the A. Dalton Cross Professor in Law at the University of Texas at Austin School of Law, where his teaching and research focus on federal jurisdiction, constitutional law, national security law, and military justice. Both have participated in cases at the appellate level (including cases that have come before Kavanaugh). It's also worth noting that Vladeck was part of a legal team that participated in the Supreme Court case Hamdan v. Rumsfeld and is also CNN's Supreme Court analyst. LINKS Peter Margulies's profile at Roger Williams University (https://law.rwu.edu/faculty/peter-s-margulies) Stephen Vladeck's profile at UT-Austin (https://law.utexas.edu/faculty/stephen-i-vladeck) Hamdan v. Rumsfeld (https://www.oyez.org/cases/2005/05-184) "Guantánamo bay prosecutors accuse detainee of conspiracy" (https://www.nytimes.com/2014/02/15/us/guantanamo-bay-prosecutors-accuse-detainee-of-conspiracy.html) Margulies, on the al-Bahlul decision (https://www.lawfareblog.com/dc-circuits-en-banc-decision-bahlul-sui-generis-or-guidance-future-military-commissions) Vladeck on al-Bahlul (https://www.justsecurity.org/33726/todays-en-banc-d-c-circuit-ruling-al-bahlul/) Saleh, et al. v. Titan, et al. (http://www.scotusblog.com/case-files/cases/saleh-v-titan-corp/) [Doe v. Exxon Mobil Corporation](https://scholar.google.com/scholarcase?case=2898355848533048038)_ Hernandez v. Mesa (https://www.oyez.org/cases/2016/15-118) "Brett Kavanaugh is the antidote to corporate America's worries about Trump" by Ronald Brownstein, in The Atlantic (https://www.theatlantic.com/politics/archive/2018/07/kavanaugh-confirmation-regulation-business-supreme-court/564968/) Utility Air Regulatory Group v. EPA (https://www.oyez.org/cases/2013/12-1146) Michigan v. Environmental Protection Agency (https://www.oyez.org/cases/2014/14-46) United States v. Nixon (https://www.oyez.org/cases/1973/73-1766) Humphrey's Executor v. United States (https://www.oyez.org/cases/1900-1940/295us602) Stare decisis defined (https://legaldictionary.net/stare-decisis/) Cover art credit: Office of Senator Chuck Grassley (Wikimedia Commons) Special Guests: Peter Margulies and Stephen Vladeck.
This week the high court is on its winter break, but the team here at Amicus wanted to talk about DACA, the travel ban, and issues around immigrants, refugees, and the law. We talk Americanism. Who is American and how? What do the courts have to say about who can be here and who cannot? What role do the courts play in figuring out who belongs here and who doesn’t? To tackle these thorny and sometimes super-wonky questions, Dahlia Lithwick is joined by Stephen Vladeck who teaches law at the University of Texas. Vladeck’s teaching and research focus on federal jurisdiction, constitutional law, and national security law. He’s CNN's Supreme Court analyst, co-editor in-chief of the Just Security blog, and a senior contributor to the Lawfare blog. Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices
This week the high court is on its winter break, but the team here at Amicus wanted to talk about DACA, the travel ban, and issues around immigrants, refugees, and the law. We talk Americanism. Who is American and how? What do the courts have to say about who can be here and who cannot? What role do the courts play in figuring out who belongs here and who doesn’t? To tackle these thorny and sometimes super-wonky questions, Dahlia Lithwick is joined by Stephen Vladeck who teaches law at the University of Texas. Vladeck’s teaching and research focus on federal jurisdiction, constitutional law, and national security law. He’s CNN's Supreme Court analyst, co-editor in-chief of the Just Security blog, and a senior contributor to the Lawfare blog. Transcripts of Amicus are available to Slate Plus members several days after each episode posts. To learn more about Slate Plus, go to slate.com/amicusplus. Please let us know what you think of Amicus. Join the discussion of this episode on Facebook. Our email is amicus@slate.com. Podcast production by Sara Burningham. Learn more about your ad choices. Visit megaphone.fm/adchoices