We The People

The Supreme Court and Executive Power

July 09, 2026

In this episode, legal scholars Gillian MetzgerJulian Mortenson, and Ilya Somin discuss the Supreme Court’s approach to executive power in recent decisions. Thomas Donnelly, lead scholar at the National Constitution Center, moderates. This conversation was recorded live in Philadelphia on July 7, 2026, as part of the National Constitution Center’s 2026 Supreme Court Review, which is presented in partnership with the Center on the Structural Constitution at Texas A&M University School of Law. The program featured three panels with scholars of differing perspectives examining the Court’s 2025-2026 term, its approach to executive power, and civil discourse within and concerning the Court. 

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This episode was produced and mixed by Bill Pollock. It was recorded by David Stotz and Greg Schekler. With production support from Charles Sahm. Research was provided by Anna Salvatore, Trey Sullivan, and Tristan Worsham. 

 

Participants 

Gillian Metzger is the Harlan Fiske Stone Professor of Constitutional Law at Columbia Law School, where she also serves as faculty director of the Center for Constitutional Governance. She has co-authored and filed numerous amicus briefs in major constitutional and administrative law cases before the Supreme Court and previously served as acting assistant attorney general and deputy assistant attorney general in the Office of Legal Counsel at the Department of Justice. 

Julian Mortenson is the James G. Phillipp Professor of Law at the University of Michigan Law School. He is a legal historian, constitutional litigator, and award-winning teacher who specializes in the constitutional and political history of early America. Mortenson’s constitutional law casebook, Constitutional Law: An Integrated Approach, has been widely adopted. He is at work on a new book examining presidential power at the American founding. 

Ilya Somin is a professor of law at George Mason University’s Antonin Scalia Law School and the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute. His most recent book is Free to Move: Foot Voting, Migration, and Political Freedom. Together with the Liberty Justice Center and others, he was co-counsel in V.O.S. Selections v. Trump, one of the tariff cases decided by the Supreme Court. 

Thomas Donnelly is lead scholar at the National Constitution Center. Prior to joining the Center in 2016, he served as counsel at the Constitutional Accountability Center, as a Climenko Fellow and lecturer on law at Harvard Law School, and as a law clerk for Judge Thomas Ambro on the U.S. Court of Appeals for the Third Circuit. 

 

Additional Resources

 

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