Judicial Oversight of District Courts After CASA [2025 NLC] скачать в хорошем качестве

Judicial Oversight of District Courts After CASA [2025 NLC]

In recent years, leaders of both parties have invoked emergency powers to address issues from the COVID-19 pandemic, immigration and drug trafficking, trade deficits, and more. President Trump has faced legal challenges to his executive orders and emergency powers in the form of universal injunctions and temporary restraining orders. In Trump v. CASA, the Supreme Court held under the Judiciary Act of 1789, it is beyond the scope of the judicial power for federal courts to issue “universal” injunctions. The Court made this holding in the context of lower courts granting universal injunctions against President Trump's executive order on birthright citizenship under the Fourteenth Amendment, and the Court’s decision only returns cases to the district courts. Some argue that courts should defer to executive assertions of emergency powers. Others contend courts should engage in strong judicial review to forestall threats to civil liberties and the separation of powers. This panel will discuss the scope of judicial power, conflict between the executive and judicial branches, and CASA’s broader impact on federalism and individual rights. Featuring: Mr. Ted Frank, Director of Litigation and Senior Attorney, Hamilton Lincoln Law Institute Prof. Merritt E. McAlister, Interim Dean and Levin, Mabie, & Levin Professor, University of Florida Levin College of Law Mr. Chad R. Mizelle, Former Chief of Staff and Acting Associate Attorney General, United States Department of Justice Mr. Stephen Spaulding, Managing Director, Kohlberg Center, Brennan Center for Justice at NYU Law Prof. E. Garrett West, Associate Professor of Law, Yale Law School Moderator: Hon. William H. Pryor, Jr., United States Court of Appeals, Eleventh Circuit * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.