Popular on eTradeWire
- ForgingBlock has implemented Lightning Network and integrated more cryptocurrencies
- Could Carbonated Drinks Really Be Good For You?
- Get Help About Which Vanity Unit You Need To Add in Your Bathroom
- All you need to know about Ozcrystal, the crystal knob online store
- Get Your Kids Ready for their 1st 5K with help from the Rotary Santa Run
- Institut' DERMed Founder Inducted into the AIA Academy of Legends
- Dr. Artika Tyner's Book Takes Third Place in Children's Literature Contest
- Local PODS® Moving & Storage to collect toy donations for those in need
- 1MysticFactsCheck Provides The Truth About 1Mystic
- Acclaimed Author Releases Latest Book for Young Readers
Similar on eTradeWire
- More bodies. No accountability
- Fennemore Craig Elects Cameron Johnson as a Firm Director
- McCorkle Litigation Services, Inc., Chicago to remain independent
- Stange Law Firm, PC Founding Partner Kirk C. Stange Present CLE for National Business Institute
- Garcia & Artigliere File Suit Against Manor Care of Fountain Valley for Alleged Abuse
- Private Advising Group PA (PAG) Named "2020 Best Law Firm" by BCG Attorney Search
- Stange Law Firm, PC Founding Partner Kirk Stange and Director of Administration Rebecca Terry Present CLE for myLawCLE
- Sandline Discovery Leverages NexLP's Cognitive AI to Deliver Leading Behavioral and Linguistic Intelligence
- Dickson J. Young, Esq., Named to Virginia Business Magazine's 2019 Legal Elite in the Category of Criminal Law
- Justice Tax, LLC is proud to partner with the Owner-Operator Independent Drivers Association (OOIDA)
For several reasons, having the President issue an executive order would make a much stronger legal case than having the Commerce Secretary try to revise his original justifications, argues Banzhaf.
First, because he is the head of a co-equal branch, the Supreme Court has recognized - even in its census opinion, and also in its earlier ruling upholding his so-called Muslim ban order - that his views and position must be given great deference, far more than that of a mere cabinet secretary, says Banzhaf.
Thus a rationale for including the question offered by the President would be much more likely to be upheld than one - even the same one - offered by the Commerce Secretary.
More on eTradeWire News
- Warning! This Book Can Alter Reality As You Know It As Well As Who And What You Think You Are
- Otcwagon Initiates Coverage On Ethema Health Corporation (GRST)
- Cavignac & Associates Employees Donate $25,000 Out of Their Own Paychecks to Local San Die
- Change Your Story in the New Year
- North Carolina "We Buy Houses Cash" Company Reveals 30 Ways to Find Heavily Discounted, Off-Market Properties, Even in a Strong Market Like Today's
Second, if the issue went to court and challengers sought pre-trial discovery as to the reasoning behind the decision, presidential communications would be largely shielded in a way that those involving the Secretary - which have so far proven very embarrassing if not incriminating - would never be.
As the Supreme Court has explained, probing the decision-making processes of a president by quizzing his close advisors would be like questioning the reasoning behind a judicial decision by quizzing a judge's law clerks.
Third, the President does not seem to have made a clear, definitive, and official on-the-record statement as to why he would want a citizenship question.
Thus, unlike Secretary Wilbur Ross, he would not have to backpedal to come up with a plausible and legally acceptable rational for including the question.
The President's lawyers would try to rely upon the famous and widely followed 1947 Chenery case for their argument that an agency can rescue a ruling shot down for an inappropriate rationale simply by subsequently advancing a new and acceptable basis for reaching the same conclusion.
More on eTradeWire News
- Andrew Jones' January 11th auction will feature fine art from the collection of Gerard L. Cafesjian
- Dr Claudio Cerullo - AWARDS and CITATIONS
- More bodies. No accountability
- Online retailer of urban streetwear for men introduces new collection
- Jamie Zahlaway Belsito Attended the North Shore Labor Council Women's Solidarity Breakfast
If the SEC, in the Chenery case, can revive a ruling which the Supreme Court itself said was legally invalid, simply by reaching the same conclusion but with different reasoning, it would seem not only that Ross could - as the Supreme Court said in its ruling striking down the census question - but that an even strong case is made when the new rationale is supplied by a different and higher ranking official, argues Banzhaf, who teaches the law relating to agencies and the president's powers.
JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH),
2000 H Street, NW, Wash, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/ jbanzhaf3ATgmail.com @profbanzhaf
- Harlem's Lyn-Genet's Kitchen presents an evening of art, jazz and wine
- Open: Working at Heights Training Courses
- Brandon Honda hires Elie Eid as Executive Manager
- Tiny Startup Takes on Facebook and Craigslist
- Dwight Threeperson Named Chair of Apprenticeship Committee for Newark CTE Network
- Olibrix - Celebrating Our Children With Language Enrichment, And Cultural Exploration
- Stock Of The Year: 2019 Gratomic, Inc. (TSX-V: GRAT) - Strong Buy Recommendation!
- Must Have: 2019 Hyundai Santa Fe
- Everlast® Advanced Composite Siding Receives Improved Fire Rating
- Victorious Mind Launches New Podcast "House Of Nako" Hosted By Nako
- SterlingRisk Launches Sterling A&E
- No Qualifying - Fund $10,000,000+ No Payments Due For 6-12+ Mo
- Patrick Rothfuss' Worldbuilders 2019 Fundraiser reaches $500,000 - 4 days to go
- Blue Marble Geographics announces academic lab for processing drone or UAV images
- THE LIBERATORS Dubbed "The Bag of Bags" Has Launched
- Robby Poblete Foundation and Vallejo Police to Hold Third Solano County Gun Buyback
- Mohawk Arms' Militaria Auction #82, Dec. 28th, is packed with items from multiple wars and conflicts
- State Officials Recognize Congregation Ruach Israel in Celebration of their 40th Birthday
- Concierge Auctions' New York City Sale Kicks Off with Over 30 Bidders and 100% of Auction Lots Selling
- FRIDAY THE 13TH SPECIALS darkregions.com/fridaythe13th from Dark Regions Press Today Only!