Congratulations to my colleague Professor Jorge Luis Fabra-Zamora @jorgefabraz.bsky.social on his new article which was "highly recommended" by Larry Solum @lsolum.bsky.social on the Legal Theory Blog.
Manoj Mate
@manojmate.bsky.social
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Law prof | Constitutional Law, Election Law and Voting Rights, Democracy and Governance, Comparative Con Law. Posts and opinions my own.
![The Court can properly enjoin enforcement of the Order. “[I]t is now well
established that ‘[r]eview of the legality of Presidential action can ordinarily be obtained in a suit seeking to enjoin the officers who attempt to enforce the President’s directive.’” Chamber of Com. of the United States v. Reich, 74 F.3d 1322, 1328 (D.C. Cir. 1996) (quoting Franklin v. Mass., 505 U.S. 788, 828 (1992) (Scalia, J., concurring in part and concurring in the judgment)). Accordingly, “courts have power to compel subordinate executive officials to disobey illegal Presidential commands.” Id. (quoting Soucie v. David, 448 F.2d 1067, 1072 n.12 (D.C. Cir. 1971)). Thus, when the President issues an unlawful Executive Order, “the proper course is to seek to enjoin a member of the executive branch from carrying out the executive order at issue.” McCray v. Biden, 574 F. Supp. 3d 1, 11 (D.D.C. 2021).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:mcxwgi6ytwp72kzqmujcixep/bafkreidqhp6iojz57l5hzsbfwfeat6h5o27gbfmtvghlrm6psku53svtga)
![Emerging Issues in State Constitutional Law
Though the modern focus on state constitutions really began in the 1970s, state constitutions have taken on new relevance in the modern era. As the protection of some rights and liberties has eroded at the federal level, advocates have seen success at the state level, either with judicial decisions or formal constitutional amendments. Voters have successfully used their powers of initiative and referendum to adopt far-reaching reforms to their state governments—perhaps most notably, to create nonpartisan redistricting commissions. Today, as democracy and representative government both face threats, new issues continue to arise. The Section invites potential contributors to reflect on some of the modern issues that relate to state constitutions, which may include answers to the following questions:
• How effective has the move to litigate rights under state constitutions been? What interpretative modalities should judges use when construing state constitutional rights?
• How should judges undertake the task of deciding questions under state systems of separated powers? Here, too, what is the appropriate modality for answering these questions?
• Can state constitutions be used to thwart power plays at the state level? Is there a risk that they may encourage certain power plays?
• What can state constitutions do to respond to abuses by the federal government?
Submissions should be sent to the Chair-elect of the Committee, Quinn Yeargain, at yeargain@law.msu.edu, by Friday, September 11, 2026, at 11:59 PM. Please indicate “AALS Emerging Issues Submission [LASTNAME]” as the subject line of the email. Submissions should include abstracts of no more than 500 words summarizing what the contributor will discuss. The submission does not have to relate to a forthcoming work or a work-in-progress, although it may. In the body of the email, please include your name and institution (and your affiliation).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:q3dycka5ce2gybcbau5gfehd/bafkreigktbzrikhhbzkkghriayxn37uaneldhyqvvn3aztq3ytnnzudxfy)
![Works-in-Progress Panel
The Section invites submissions of early-, mid-, and late-stage works-in-progress, which may relate to any aspect of state constitutional law. Preference will be given to earlier-stage faculty members, fellows, and VAPs, though all are invited to submit. Submissions should be sent to the Chair-elect of the Committee, Quinn Yeargain, at yeargain@law.msu.edu, by September 11, 2026. Please indicate “AALS WIP Submission [LASTNAME]” as the subject line of the email.
Submissions should include abstracts of no more than 500 words. In the body of the email, please include your name, your name, institution (and your affiliation), and the state of the project (e.g., early-stage or final draft).](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:q3dycka5ce2gybcbau5gfehd/bafkreiezfd36j3t4uji3pfchvrbh25p7dncqgho233zg4qqbfg7pocok7u)
