NY-17 Congressional Candidate. Democracy advocate. Former political-legal journalist. Retired competitive air guitarist. Second-Best dad ever.
mikesacksforcongress.com
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I've just posted a new (fairly short!) paper on unitary executive theory's impoverished theory of democratic accountability. Give it a read -- I'd love to hear any thoughts! papers.ssrn.com/sol3/papers....
going to channel @nikobowie.bsky.social and Daphna Renan here and note that this piece conflates the court's horizontal review of congressional statutes (highly controversial and politically contested throughout American history) with vertical review of state law and enforcement of federal law.
Congress passed the 15th Amendment in 1869.
Congress passed the Voting Rights Act in 1965.
Congress amended the VRA in 1982 to say “no, we really mean it” after the Supreme Court limited its scope.
John Roberts & co. have gutted all of that and would do so again. They have left us no other choice
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Unitary executive theory has, since <i>Myers v. United States</i>, been premised on a conception of democratic accountability. On this view, the presiden
papers.ssrn.com
jamelle
Stephen Wolf
Court packing isn't setting off a judicial legitimacy crisis. We are faced with a judicial legitimacy crisis that is already here, a court that half or more of the country has good reason to see as not just conservative but as enemies of the republic. "Too bad, accept it" isn't an answer that works.
