This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Constitutional Law

Mar. 8, 2017

The 'very apex' of presidential powers

With the replacement immigration order on Monday, we have, if not quite in the sense Justice Jackson anticipated, entered the twilight zone.

Robert L. Bastian Jr.

Partner
Bastian & Dini

9025 Wilshire Blvd, Penthouse
Beverly Hills , CA 90211

Phone: (310) 789-1955

Fax: (310) 822-1989

Email: robbastian@aol.com

Whittier Law School

See more...

At "the very apex of presidential powers" is how Stephen Miller, advisor to Donald J. Trump, described Trump's constitutional prerogatives vis-à-vis the judicial branch, when previously addressing the president's first executive order banning immigration from selective countries. The president withdrew that order after a panel of the 9th U.S. Circuit Court of Appeals upheld a district court's ruling temporarily striking it down.

Miller was at least partially alluding to Justice Robe...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up