Briefing Room

Peter Shane

Peter Shane

Professor Peter Shane publishes op-ed in The Atlantic

Professor Peter Shane has published an op-ed in The Atlantic titled, “The Obscure—But Crucial—Rules the Trump Administration Has Sought to Corrupt.” “A Senate committee has an opening this week to shed light on what is going on at OIRA under […]

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Peter Shane

An executive order can’t fix Trump’s census problem

Professor Peter Shane recently authored an article in The Atlantic titled, “An Executive Order Can’t Fix Trump’s Census Problem.”

“President Donald Trump’s announcement that he will consider using an executive order to get a citizenship question on the 2020 census is but the latest presidential attempt to exaggerate or mythologize the power of the executive order.

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Peter Shane

Professor Peter Shane elected to ACS Board of Directors

Professor Peter Shane confirmed June 21 that he has been elected to the American Constitution Society Board of Directors. 
The ACS is “the nation’s leading progressive legal organization, with over 200 student and lawyer chapters in almost every state and on most law school campuses. ACS was founded on the principle that the law should be a force to improve the lives of all people.”

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Peter Shane

Liberals begin lining up young judges for a post-Trump surge

Professor Peter Shane was recently quoted in an article in The New York Times titled, “Liberals Begin Lining Up Young Judges for a Post-Trump Surge.”

“It would be nice to see more people who have experience outside the three big pots (sitting judges, prosecutors and senior law partners),” he said 

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Peter Shane

Government A-OK: Ohio’s system of checks and balances avoids many federal pitfalls

“The public has much less tolerance for political grandstanding and much greater insistence on problem solving at the state level,” Shane said. 

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Peter Shane

In clash with Congress, weak legal case may still help Trump

“Why should this misleading argument be any different from any other misleading argument?” Shane said.

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Peter Shane

Trump faces mounting legal challenges to wall

“It’s as if Congress had created a book of a bunch of recipes that the president is allowed to use only if he formally shouts ‘I’m hungry,’ ” Shane said. “He still has to pick out the recipes,” Shane said, “and [the courts] have to decide if the recipe’s being followed.”

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Peter Shane

Mulvaney says Democrats will ‘never’ see Trump’s tax returns

“[The] fact that the president doesn’t want to turn them over is, by itself, legally irrelevant,” Shane said.

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Peter Shane

Government checks and balances: How the border wall pushes the limits

“It’s not entirely the executive branch (Trump) trying to usurp the powers of Congress,” Shane said. “It’s also a matter of Congress sitting on its hands.”

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Peter Shane

How the House Judiciary Committee Should Do Its Job in the Days Ahead

“The implications for Trump are twofold: First, should Congress find that presidential corruption has so undermined the legitimacy of the incumbent as to warrant impeachment, the non-criminality of his corruption would not be a constitutional defense,” Shane writes. “Second, should Congress deem the president guilty of criminal obstruction of justice, it would likewise be irrelevant that the Department of Justice had decided not to bring charges.”

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Peter Shane

Why Americans should hope the Mueller report is not definitive

“The asterisk is that these investigations have very different purposes and very different constitutional roots,” Shane said.

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Peter Shane

Trump vows ‘VETO!’ after bipartisan U.S. Senate rebuke on wall

“Congress’s vote, even if vetoed, would solidify any court’s understanding that the so-called emergency is really part of an end-run around a legislative branch that is unconvinced an emergency exists, that refused to fund the wall, and that is constitutionally in charge of federal spending,” Shane said.

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