On July 9, 2020, the Supreme Court delivered its long-awaited opinions in two cases concerning...
Contributor Information
Eli Nachmany
Associate, Covington & Burling LLP
Biography
Eli Nachmany is an associate at Covington & Burling LLP in the Washington, DC, office. He clerked for Judge Steven J. Menashi of the U.S. Court of Appeals for the Second Circuit. Eli graduated magna cum laude from Harvard Law School, where he was Editor-in-Chief of the Harvard Journal of Law & Public Policy. Prior to law school, Eli served as the speechwriter to the U.S. Secretary of the Interior and as a domestic policy aide in the White House Office of American Innovation. He graduated summa cum laude from New York University with a B.S. in Sports Management. Eli’s scholarship on administrative law and executive power has appeared in the BYU Law Review, George Mason Law Review, Wake Forest Law Review, and Yale Law Journal Forum.
Topics
Arbitrary and Capricious Review at the Court After FCC v. Prometheus Radio Project: From the Return of “Hard Look” to the “Zone of Reasonableness”
The Administrative Procedure Act (APA) instructs courts to “hold unlawful and set aside agency action, findings,...
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Assessing the Nondelegation Challenge in Texas’s Keystone XL Pipeline Lawsuit Against the Biden Administration
Justice Alito’s concurrence in the recent case of Gundy v. United States signaled that the...
Topics
Kisor on Remand: Raising the Bar to “Genuinely Ambiguous” at Auer Step Zero
A recent decision from the Federal Circuit may provide a roadmap for the future of...
Empowering the “Honest Broker”: Lessons Learned from the National Security Council Under President Donald J. Trump
Eli Nachmany
Federalist Society Review, Volume 22
On September 18, 2019, Robert O’Brien took over as President Donald J. Trump’s National Security...
Topics
Finding “Law to Apply”: Shawnee Tribe v. Mnuchin and the Newest Nondelegation Canon
As the Trump Administration departs, lower courts are interpreting and applying Trump-era Supreme Court precedents...
Topics
Full Disclosure: The Unitary Executive Theory’s Recent Cameo at Supreme Court Oral Argument in a FOIA Case
The Federalist Society is pleased to announce its Student Blog Initiative, a project of the...
Topics
Life After Seila Law: The Emerging Presidential Removal Power Docket at the Supreme Court
The Federalist Society is pleased to announce its Student Blog Initiative, a project of the...
“Better Than Nothing”: Supreme Court in Mazars Devises a New Four-Factor Test for Congressional Subpoenas of a President’s Personal Documents
On July 9, 2020, the Supreme Court delivered its long-awaited opinions in two cases concerning...