Wednesday, January 25, 2006

NEWNITARY

I just did a search on Westlaw. I typed in the phrase "unitary executive," and had Westlaw's search engine search every federal and state case in Westlaw's database. Surprisingly (not), only twenty-two cases used this term. The OLDEST of these cases was a 1981 state court case. The next oldest one was a D.C. Circuit Court of Appeals Court case from 1988. The first time the Supreme Court used the phrase was in 1988, in the case of Morrison v. Olson. Justice Scalia used the phrase - in his lone dissent. Sixteen years later, Justice Thomas used the phrase - in his lone dissent in Hamdi v. Rumsfeld.

Two cases I came across during this search that are worth reading, that may give some (minor) comfort to those who fear the sky is about to fall:

Wilkinson v. Legal Services Corp.
27 F.Supp.2d 32
D.D.C.,1998.

981 F.2d 1288
C.A.D.C. 1993
FN 6
Can't remember name of the case, but it has "Bush" in the title.

By the way, the Federalist Society was founded in 1982.

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