New draft paper on SSRN: "Fact Avoidance," forthcoming in the Harvard Law Review Supreme Court Issue. This Essay identifies a recurring feature where the Court decides presidential power cases entirely on legal grounds without engaging at all with the facts /1 papers.ssrn.com/sol3/papers....
Fact Avoidance
<p><i><span>The legality of the President’s exercise of statutory power depends on questions of both law and fact. Yet courts often focus exclusively on the for
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