- I think this is also an example of the exclusive powers conception taking over. See Rao's op (at 12) arguing the dct erred by interfering w/ POTUS's exclusive diplomacy power. For an initial take on the exclusive powers era, see below. Full article version TK... harvardlawreview.org/blog/2025/04...
- This is a perfect example of the federal courts/Trump nominees justifying noncompliance through "legalistic noncompliance," using legal language as cover to claim compliance when it's actually defiance, - a phenomena Dan Deacon and I write about in this paper: papers.ssrn.com/sol3/papers....
