Prof at Fordham Law. On Mastodon: @harlangcohen@mas.to
Proprietor of "a cultural investigation agency... a kind of private eye of learning."
Jun 21, 2019 • 10 tweets • 10 min read
@snlester@AratoJulian@jbentonheath@nicholas_bagley I’ve now read the opinions in Gundy, and while it certainly doesn't foreclose the 232 challenge, I think the dissenting opinion, far from teeing it up as some are suggesting, actually makes it more difficult.1/
@snlester@AratoJulian@jbentonheath@nicholas_bagley First, Gorsuch sets up the core delegation concern as deprivations of “liberty,” while elsewhere, for reasons I’ll get to, cites approvingly delegations of authority to establish a trade embargo.2/
