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In 1952, the Supreme Court smacked down President Truman’s attempt to seize the nation’s steel mills. The dissenters—who happened to be Truman’s poker buddies—would have given the president flexibility to deal with this purported emergency, but the majority issued a swift rebuke. And one justice’s concurrence has continued to shape the way we think about executive power and emergencies to this day.
Thanks to our guests John Q. Barrett, Jennifer Mascott, Steve Simpson, and Noel Francisco (aka Justice Jackson).
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And check out more of PLF’s work on emergency powers: https://pacificlegal.org/emergency-powers/
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