Louis Fisher

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Publications

Obama Got the Law Right and the Politics Wrong
Louis Fisher examines the Obama administration's political versus legal right to extend the Affordable Care Act's (ACA) employer and insurer reporting requirements by one year.
Getting it Wrong Again and Again – Judicial Error’s Compounding Effect
Louis Fisher analyzes the compounding effects of judicial error, specifically through examples such as the decision by U.S. Court of Appeals for the D.C. Circuit in May Zivotofsky v. Clinton.
Andrus Lecture Features Acclaimed Constitutional Scholar Louis Fisher
Louis Fisher will deliver the annual Andrus lecture at Boise State University, focusing his commentary on “Presidential war Making and the Constitution.” The director of the Andrus Center of Public Policy, David Adler, said, “[Fisher’s] work on some of the most pressing challenges confronting America, including presidential resort to unilateral executive war making, has insured a lasting influence on the corridors of power and the halls of academe.”
A Constitutional Crisis
In podcast on Electric Politics, Louis Fisher discusses the detrimental effect the successive budget crises, recent government shutdown, and overarching trend of hyper political polarization have had on our constitutional integrity.
D.C. Court Adopts Old Judicial Error to Inflate Executive Power | Commentary
In examining the D.C. Circuit Court of Appeals’ opinion in Zivotofsky v. Secretary of State , Louis Fisher argues the court based its decision in historical judicial error, citing a 1936 Supreme Court decision tainted by "deceitful language" and misguided jurisprudence.
Holding Assad acountable
In a decision-making process characterized by secrecy, Louis Fisher analyzes a candid letter by General Martin E. Dempsey, which details the potential costs – both fiscal and fatal – of a strike on Syria, as well as the congressional and constitutional obstacles President Obama faces in launching a strike.
Syria and the Illusion of Limited War
In this article, Louis Fisher discusses the President’s ability and the process of exercising military authority against Syria.
More than a mere shot across Syria’s bow
Louis Fisher’s commentary dissects and reacts to President Obama’s comments related to military action against Syria.
Obama and the power to go to war
With the Obama administration planning what it describes as limited military strikes to punish Syria for its alleged use of chemical weapons, public discussion over the legality of U.S. action has addressed mainly questions of international law, specifically does the Constitution authorize President Obama to take military action against Syria without congressional approval? This article quotes Louis Fisher on this very topic.
Closing Guantánamo: President Obama Must Do It Right This Time
This article discusses President Obama’s renewed pledge to close the detention center at Guantánamo Bay, Cuba.
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