Neal Katyal

Health Reform's Up and Down Day in Court
June 08, 2011

The debate over the Affordable Care Act's constitutionality moved into another courtroom on Wednesday. This time it was a panel of judges from the 11th Circuit, in Atlanta, listening to an appeal of the most sweeping decision of all: Judge Roger Vinson’s decision invalidating not just the individual mandate but the entire law. How’d it go? That really depends on whom you ask.

Good Omens
May 11, 2011

Richmond, Virginia, may be the heart of the old confederacy. But it’s also the place where the federal government eventually indicted Jefferson Davis for treason. A plaque commemorating that event sits outside the entrance to the Fourth Circuit Court of Appeals—an omen for what transpired inside the courthouse on Tuesday, where three judges considered a pair of lawsuits from Virginians challenging an abuse of federal authority. The alleged abuse in this case is the individual mandate of the Affordable Care Act (ACA). The other, more significant omen was the selection of the judges.

Presumed Innocent?
March 24, 2010

The attacks on the Justice Department lawyers who had represented Guantanamo detainees angered me for several distinct reasons. They typified a growing culture of incivility in the politics of national security and law that I have always loathed and have spoken against repeatedly. They sought to delegitimize the legal defense of politically unpopular clients and to impose a kind of ideological litmus test on Justice Department service. They were also, at least in part, about friends and professional acquaintances.

Judge Not
January 26, 2004

On December 18, two federal appeals courts rejected the Bush administration's claim that the president has the unilateral authority to identify citizens or aliens as enemy combatants and to detain them indefinitely, at home and abroad. The rulings were a clear sign that President Bush's sweeping claims that he can do whatever he likes in the war on terrorism without review by the courts or Congress are provoking a judicial backlash.

The Day the Quotas Died
April 26, 1996

Great Supreme Court decisions, for all their theatricality, are notoriously weak engines of social change. The commands of Brown v. Board of Education weren't implemented until decades later; Roe v. Wade confirmed a trend toward the liberalization of abortion laws that had been percolating in the states. But, a year after it was handed down, Adarand v. Pena is proving to be a startling exception. Like a boulder thrown into a placid pond, Adarand has been sending ripples through the lower courts in ways that are already transforming affirmative action as we know it.