By Daniel Cotter* The Office of the Attorney General was established in 1789 as part of The Judiciary Act of 1789. The Act, among other things, established the makeup of the Supreme Court and its exclusive jurisdiction and also the lower court structure. One of the powers the Act gave to the Supreme Court, writs of mandamus, was the subject of the famous Supreme Court case, … [Read more...] about The Attorney General Should Be Separate
HLPR Blog: Notice and Comment
Reproductive Rights in the Time of COVID-19: State Directives Exploiting a Public Health Crisis
By Swapna Reddy, Shetal Vohra-Gupta, April Shaw, Nina Patel, Liana Petruzzi* As U.S. states elevate restrictions to contain the spread of coronavirus, many have enacted measures to restrict “nonessential” surgeries and procedures during the COVID-19 pandemic. Following Texas and Ohio’s leads, several states (Alabama, Iowa, Oklahoma, and Mississippi) have used these … [Read more...] about Reproductive Rights in the Time of COVID-19: State Directives Exploiting a Public Health Crisis
Online Symposium: The Future of Progressive Constitutionalism
Today, the Harvard Law & Policy Review and the Harvard Law School chapter of the American Constitution Society have the pleasure of releasing three fantastic pieces setting out progressive visions for the U.S. Constitution. Citizenship, Personhood, and the Constitution in 2020 Rachel F. Moran Reproductive Rights and the Rule of Law in Peril: The Fruits of a … [Read more...] about Online Symposium: The Future of Progressive Constitutionalism
Options for Dealing with a Sitting President
By Daniel Cotter* When the Mueller Report was expected in the early months of 2019, the question of the potential for a sitting president to be indicted was debated. The main argument against the ability to indict a sitting president was the September 24, 1973, Office of Legal Counsel (“OLC”) memo drafted by President Richard Nixon’s OLC in the wake of his impeachment. The … [Read more...] about Options for Dealing with a Sitting President
HLPR Student Note Competition Open
We're seeking submissions for our student note competition, with winners to be published this summer in Vol. 15.1! The competition provides a unique opportunity for law students to publish their work in HLPR, which has had a recent distribution to more than 6,000 lawyers nationwide, as well as congressional offices, judges, and other progressive decision-makers. We seek … [Read more...] about HLPR Student Note Competition Open
High Crimes and Misdemeanors
By Daniel Cotter* On December 18, 2019, President Donald J. Trump became only the 20th person and 3rd president to be formally impeached by the House. Debate began about whether he had been impeached if the articles were not submitted to the Senate. The better argument, reading the language of the Constitution, is that a majority voting to approve an article of impeachment … [Read more...] about High Crimes and Misdemeanors
The Long Road Home: Collateral Consequences of Conviction Not Relieved by Commutation Alone
By Eric Allen Kauk* Oklahoma recently commuted the sentences of more than 500 inmates. This mass commutation followed a state legislature reclassification of low-level drug possession and property crimes. The legislature announced that the state will apply these changes retroactively. This state action may seem like a huge win in a society thirsty for criminal justice … [Read more...] about The Long Road Home: Collateral Consequences of Conviction Not Relieved by Commutation Alone
Transgender Prisoners: Ground Zero for Prison Reform
By Mateo De La Torre* and Harper Jean Tobin** As the nation discusses sentencing and prison reform, judges and policymakers increasingly consider the rights of an especially vulnerable group of prisoners: those who are transgender. Similar to other minority groups, LGBTQ people face disproportionate rates of incarceration. Federal data show non-heterosexual adults are … [Read more...] about Transgender Prisoners: Ground Zero for Prison Reform
The Myth of the Impeachment Inquiry Process
By Daniel Cotter* On October 31, 2019, the House voted along party lines, 232-196, to formalize the impeachment inquiry procedure. Republicans had insisted that the process must be formalized and that a vote was required before the House could conduct an impeachment inquiry. That insistence is misplaced and is a myth of the impeachment process that is not supported by the … [Read more...] about The Myth of the Impeachment Inquiry Process
A Troubling Interpretation
By Daniel Cotter* On October 8, 2019, White House Counsel Pat A. Cipollone wrote an eight-page letter to House Speaker Pelosi, and to Chairmen Engel, Schiff, and Cummings. The letter was described as being without legal basis and wrong. It is a dangerous letter for many reasons, including that it inaccurately addresses what impeachment is and how the process works. The … [Read more...] about A Troubling Interpretation