Battle of the Branches

Battle of the Branches
Podcast Description
"Battle of the Branches," a joint initiative of the UChicago Law School, the Harris School of Public Policy and the Social Sciences Division of the University of Chicago. This is part of a project that we call the Balance of Powers, which is driven by the expertise of individual faculty members from across the University of Chicago.
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Content Themes
Explores the dynamics of governmental power, focusing on historical precedents and contemporary implications of executive action, with episodes examining questions like 'Who checks the Executive?' and 'How did we get here?' highlighting shifts in power throughout American history.

“Battle of the Branches,” a joint initiative of the UChicago Law School, the Harris School of Public Policy and the Social Sciences Division of the University of Chicago. This is part of a project that we call the Balance of Powers, which is driven by the expertise of individual faculty members from across the University of Chicago.
In Trump v. CASA, the Supreme Court decided a technical question of judicial relief that has big implications for the separation of powers, the role of the courts, and executive power. It limited what are called “universal injunctions,” where a federal court invalidates executive action everywhere, not just for the people who brought a case.
What is the legal justification for this decision? What are the practical consequences? Why did it happen now? And what are the political implications – and maybe even political causes – of the ruling? What does all of this tell us about future battles between the executive and judicial branch?
To try to find out the answers to those questions. I’m here with two of my colleagues at the University of Chicago – Ethan Bueno de Mesquita, the Dean and Sydney Stein Professor at the Harris School of Public Policy, and Samuel Bray, a Professor of Law. Ethan is an expert in politics and political economy, Sam is the leading scholar of the law of equity.
I brought them here to get a handle on this decision, and as you’ll see we approach it from several different angles – technical legal questions, institutional politics, and judicial strategy – that takes us to some interesting places. And if you want more Supreme Court content, check out my other podcast, Divided Argument, an unscheduled, unpredictable Supreme Court podcast that I record regularly with Professor Dan Epps – available wherever you get your podcasts.
But now, have a listen.

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