Postdoc @UCILaw | political & constitutional development, separation of powers, judicial politics | PhD @UTGovernment | JD @UTexasLaw

Albuquerque, NM
Joined June 2009
Publication day! SO excited for my piece with @beau_baumann "Clarifying Judicial Aggrandizement" to finally be out in its final form with @PennLRev Online. scholarship.law.upenn.edu/pe…
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Allen Sumrall retweeted
💫New Paper Alert💫 CORRUPTION AND THE SUPREME COURT, forthcoming in the Yale Journal of Law & the Humanities. Abstract and link to paper below. It's short and punchy--as law review articles go, anyway. Comments very welcome! papers.ssrn.com/sol3/papers.…
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Allen Sumrall retweeted
Delighted that my article on “Strategic Judicial Empowerment” has finally been published in the latest edition of the American Journal of Comparative Law! Thanks to the many, many people who engaged on this in conversations, workshops, lectures etc.! academic.oup.com/ajcl/articl…
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I so badly wish we could consistently distinguish between attacks on judicial legitimacy from attacks on an aggrandized judiciary. One can question the judiciary's place as the often-perceived final arbiter of political disputes without wishing people would ignore courts.
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But in other news, stay tuned for some work I have on this topic in the coming months.
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Allen Sumrall retweeted
Re-upping in light of today’s NYT story.
I’m unconvinced by the many commentators arguing that the Trump immunity case was uncharacteristic of the Chief Justice. The decision is packed with ambiguities. That uncertainty can be frustrating, but it’s also a big source of compromise, flexibility, and gradualism. /1
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I was the discussant for Matt’s paper. It is very interesting, very well done, and spawns about a million more research questions. Somebody give Matt a job!
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I’m on my way to my first APSA! I’ll be serving as a discussant and presenting a chapter of my dissertation on judicial power. I’m not on the job market this year since I’m employed 2025-26, but I’ll likely be on the law teaching market next year!
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I currently have bandwidth in the next few weeks to read and comment on some papers! If anyone was hoping for Beau’s feedback but will settle for my thoughts instead, let me know. I’m trying to spend less time on here, but my email is always open!
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(1) Thrilled to say that my piece, "Resurrecting the Trinity of Legislative Constitutionalism," is heading to @YaleLJournal. This piece shows that--contrary to decades of SOP scholarship--Congress had its own equivalent to the DOJ's OLC for 50 years. (link below)
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Finished my PhD. Immediately went to Paris to watch the Olympics.
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I'm very happy to have successfully defended my dissertation @UTGovernment this morning. After eight years at UT Austin as the first student to begin and then finish the JD/PhD in Gov. program, I'm done!
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Allen Sumrall retweeted
I've just posted on @SSRN the testimony that I'll be delivering on Tuesday before the Committee on House Administration, concerning how Congress can/should react to the Supreme Court's decision in Loper Bright, overturning Chevron. Abstract below. papers.ssrn.com/sol3/papers.…
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There's something interesting in here about the apparent partial rejection of the modern rhetorical presidency. It's a different model of presidentialism that does not seem to fare well when we expect the full-fledged rhetorical presidency.
Going back years now, Biden's aides had persuaded themselves that the pressure for press conferences/long interviews/town halls was a bizarre media obsession that did little to drive their message or prove presidential fitness.
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Can a president now be impeached *only* for doing unofficial acts? That guts most of what little was left of the process of impeachment.
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When we accuse the Supreme Court of arrogating power to itself, we must be precise about what "power" means in that context. Power has a bunch of different meanings. Accusing SCOTUS of being "imperial" or doing a "power grab" doesn't mean much unless we say what "power" is.
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To be sure, the Supreme Court is successfully empowering itself. But, by itself, calling it "imperial" isn't helpful. What does that mean? What aspect of its power is new and where does that power come from? How is that power changing and why?
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Four years ago I wrote a piece for the now-defunct @AHouseDivided2 about Vance & Mazars. This same title applies to recent events.
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This is a very important point. This, too, is judicial aggrandizement. The vague “presumptive immunity” question ensures that courts are the fora in which that question is decided. Courts are again presenting themselves as final arbiters of political disputes.
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