Louis Fisher

October 21, 2019 | National Law Journal

Supreme Court Error Has a Long Shelf Life

Justice George Sutherland entirely misread Chief Justice John Marshall's sole-organ speech in a 1936 Supreme Court decision, leaving room for various levels of the executive branch to cite Sutherland's erroneous dicta to expand presidential power in foreign affairs over time.

By Louis Fisher

6 minute read

May 31, 2019 | National Law Journal

The Mueller Report: Opening the Door, Not Closing It

"A statement that the investigation did not establish particular facts does not mean there was no evidence of those facts."

By Louis Fisher

5 minute read

August 20, 2018 | National Law Journal

Acknowledging Judicial Errors: Rejecting the Doctrine of Judicial Finality

Chief Justice William Rehnquist spoke clearly in Herrera v. Collins: “It is an unalterable fact that our judicial system, like the human beings who administer it, is fallible.”

By Louis Fisher

6 minute read

January 31, 2018 | National Law Journal

Opinion: As Trump's SOTU Showed, Executive Order Is a Costly Way to Form National Policy

President Donald Trump's recent State of the Union address reviewed his achievements during his first year in office, but many of his actions simply involved rescinding or rolling back unilateral actions taken by former President Barack Obama's administration.

By Louis Fisher

6 minute read