The Latest Breaking News from Marbury

You could also call this "Why people who hate Trump should love reining in agencies' power to determine their own power."

The Chief Justice retconned Federalist Nos. 37 and 78.

The appeals court says it "cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter."

So says the DC Circuit Court

Judge Aiken's reckless defiance of legal rules is turning the "Kids Climate Case" into a zombie climate case.

Chief Justice John Roberts decisively rejected the independent state legislature theory.

Three decades later, the George H.W. Bush SCOTUS strategy finally has three votes.

The "independent state legislature" theory is a ludicrous fringe position. Will that stop the right-wing justices?

For several years, I have been thinking about the doctrine of severability -- what happens when courts conclude that a part of a law is unconstitutional? I have come to believe that this is fundamentally just a question about "say[] what the law is," as Marbury v. Madison put it.…