The Youngstown Concurrence and the Rule of Law
A brief observation that I may develop further in advance of my book. This year the liberal Justices are citing Justice Jackson's Youngstown concurrence as synonymous with the rule of law. In other words, they are not just talking about it in relation to executive power, as Justice Kavanaugh did today in his FCC concurrence. They are instead talking about it something of a touchstone for constitutional law itself. Justice K.B Jackson's dissent in CASA does this, and there are other examples. It's an interesting trend.
A brief observation that I may develop further in advance of my book. This year the liberal Justices are citing Justice Jackson's Youngstown concurrence as synonymous with the rule of law. In other words, they are not just talking about it in relation to executive power, as Justice Kavanaugh did today in his FCC concurrence. They are instead talking about it something of a touchstone for constitutional law itself. Justice K.B Jackson's dissent in CASA does this, and there are other examples. It's an interesting trend.
