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Article Ii

All articles tagged with #article ii

legal25 days ago

DOJ argues Supreme Court ruling allows firing of junior prosecutors like Maurene Comey

The Justice Department argued in federal court that a recent Supreme Court ruling expanding presidential removal power applies to junior employees, specifically defending the firing of former federal prosecutor Maurene Comey. DOJ lawyer Tyler Becker told Judge Jesse Furman that 'inferior officers' exercising executive power must be removable at will, citing Article II. Comey, daughter of former FBI Director James Comey, sued after being terminated without explanation, alleging her firing was based on her father's identity and political beliefs. Her attorney, Ellen Blain, rejected the government's stance, stating that Article II does not permit firing line prosecutors without cause and that no court has found such officers exercise the president's conclusive authority. Judge Furman questioned the government's position on whether Article II allows firing based on race or gender, to which Becker replied that Article II would not permit inquiry into such matters.

Legal experts doubt Trump’s Iran strikes have constitutional approval
politics7 months ago

Legal experts doubt Trump’s Iran strikes have constitutional approval

Legal scholars say Trump’s strikes on Iran raise serious constitutional questions: only Congress can declare or authorize war, yet the White House has offered no public justification. DOJ memos cited by supporters argue executive power suffices, but several experts—including Ilya Somin and Steve Vladeck—call the move unconstitutional or highly dubious and warn that what’s framed as a limited action could escalate into a broader conflict. The administration cites Article II authority and past executive actions, but critics say the scale, duration, and potential for prolonged hostilities demand congressional authorization, leaving the legality of the strikes contested and unsettled.