It Is Possible and Necessary to Nullify Trump’s Corrupt Pardons (Including Secret Ones)

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan argues that it is not only constitutional but necessary to review and nullify corrupt presidential pardons, including many of those granted by former President Trump. Professor Buchanan debunks the misconception that the presidential pardon power is “unlimited” as journalists have assumed, based on the language and context of the Pardon Clause and that of a seminal Supreme Court case interpreting it.

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United States v. State Water Resources Control Board

Docket: 20-15145

Opinion Date: February 24, 2021

Judge: Milan D. Smith

Areas of Law: Civil Procedure, Constitutional Law, Government & Administrative Law

The Ninth Circuit reversed the district court's order granting a partial stay under Colorado River Water Conservation District v. United States, 424 U.S. 800 (1976), of three state law claims, in an action brought by the United States alleging that the California State Water Resources Board violated various provisions of the California Environmental Quality Control Act. The panel held that the district court abused its discretion in granting a partial Colorado River stay. The panel explained that partial stays pursuant to Colorado River are permissible only in very limited circumstances, namely when there is strong evidence of forum shopping. In this case, there is little evidence of forum shopping. The panel also concluded that it could not affirm the district court on the basis of Pullman abstention where the Board, which did not cross-appeal, cannot ask the court to affirm on Pullman grounds. The panel reasoned that it would necessarily have to stay the intergovernmental immunity claim, which the district court allowed to proceed. On remand, the panel instructed the district court to allow the United States' claims to proceed, subject to regular issues of justiciability.