Caleb Nelson’s Essay for the NYU Democracy Project Cited in 11 Briefs in Trump v. Slaughter


Here is my earlier post on Caleb Nelson’s essay for the NYU Democracy Project. His essay is cited by both parties in this case, Trump and Slaughter, as well as in nine amicus briefs. Caleb Nelson, a leading originalist scholar, argues originalism does not support the unitary executive branch theory. As I said on X, I will be listening in today’s argument for whether any of the Justices recognize the possibility that agencies/commissions other than the Fed Reserve might still constitutionally be made independent, such as the agencies that regulate politics (the FEC and EAC), even if the Court overrules Humphrey’s Executor.



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