“Caleb Nelson, one of the most respected originalist scholars in the country, comes out against the unitary executive interpretation” of the #Constitution.”
Professor Nelson is a former #ClarenceThomas law clerk and is often cited in opinions by the six conservative members of #SCOTUS. According to Nelson, reversing the landmark case #HumphreysExecutor would be an originalism mistake.
#originalism #ruleoflaw #legal #unitaryexecutivetheory
https://www.dorfonlaw.org/2025/10/the-emperors-new-clothes-originalism.html
Keep in mind that there are nuances to different interpretations of the unitary executive approach.
Nelson's argument, even if originalist, might be in full agreement with some proposals of the unitary executive.
Just for example, consider the potential Federal Reserve limitation that the Court gestured toward, or arguments that say the president can fire anyone he wants but he can't redirect funding, or vice versa.
The originalist approach is actually pretty amenable to to those sorts of arguments of magnitude by looking at original categorizations.
