Author: Susan Sullivan Lagon



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Democrats’ Dilemma over the Federal Judiciary

Susan Sullivan Lagon | March 29, 2017

In all likelihood, Tenth Circuit Judge Neil Gorsuch will replace the late Justice Antonin Scalia on the Supreme Court. How he gets there is the question, not whether. If confirmed, Gorsuch will be a predictably conservative voice on the nation’s highest bench just like Scalia was. It’s the next vacancy that could shift the

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What Would Nino Say?

Susan Sullivan Lagon | February 23, 2016

“The Constitution is pretty clear about what’s supposed to happen now. When there is a vacancy on the Supreme Court, the President of the United States is to nominate someone, the Senate is to consider that nomination, and either they disapprove of the nominee or that nominee is elevated to the Supreme Court.” – President

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Judicial Relief

Susan Sullivan Lagon | June 26, 2015

It’s been a very good week for the former constitutional law professor currently in the White House.  The Supreme Court has upheld insurance subsidies for Americans in federal exchanges, rejecting the claim that “established by the states” meant the subsidy would be available only to those in states that had established health care exchanges under

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Appeals Court Rejects Challenge to Obama’s Deferred Action for Childhood Arrivals (DACA)

Susan Sullivan Lagon | April 8, 2015

Disapproval of a governmental action isn’t sufficient to get your day in court, no matter how intense that disapproval may be.  Back in August 2012, a group of Immigration and Customs Enforcement (ICE) agents sued their boss (then-DHS Secretary Janet Napolitano) over President Obama’s decision to allow undocumented minors to stay in the U.S. rather

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Executive Orders v. Executive Actions

Susan Sullivan Lagon | February 27, 2015

Article II of the Constitution begins, “The executive Power shall be vested in a President of the United States of America.”  The extent of that “executive power” has been debated since the beginning of the republic—indeed, even earlier.  The Founders were familiar with John Locke’s concept of “executive prerogative” (that certain circumstances call for the

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The 114th Congress – At a Glance

Susan Sullivan Lagon | December 16, 2014

The 114th Congress — At a Glance   HOUSE                                 SENATE 247         Republicans              54 188          Democrats               46 58          Freshmen                 13 84            Women                  20 45         African Am.               2 29             Latino                     3 81       Military Service         16                      OUT                                                               IN   Reid threatening weekend sessions                           McConnell threatening longer workweeks   Shielding vulnerable senators

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114th Congress: Plenty of New Faces, but None in Top Party Leadership Posts

Susan Sullivan Lagon | November 12, 2014

There’s an old adage in American politics that campaigns boil down to a choice between one of two simple messages: “It’s time for a change,” or “Stay the course.” Democrats can blame President Obama’s unpopularity, their party’s boom-and-bust turnout, an extraordinarily challenging map of seats to defend in the Senate, the Republicans’ structural advantage in

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