Liptak on Nelson's Originialist Defense of Humphrey's Executor

In today's New York Times, Adam Liptak develops the significance of Caleb Nelson's recent "bombshell" (William Baude) essay on NYU Law's "Democracy Project," Must Administrative Officers Serve at the President’s Pleasure?  Professor Nelson is a former law clerk to Justice Clarence Thomas.  Writes NYU Law's Richard Pildes, “If a highly respected originalist scholar like Professor Nelson, on whom the court relies frequently, denies that originalism supports the unitary executive theory, . . . that inevitably raises serious questions about an originalist justification for the court’s looming approach.”

--Dan Ernst 

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