"Neutral" Gray Briefs
The most significant foreign affairs cases that the Supreme Court has decided—including, among others, Youngstown Sheet & Tube v. Sawyer, United States v. Curtiss-Wright, and Zivotofsky v. Kerry—have substantial effects at home. These canonical cases fix the boundaries of power between the coordinate branches of government. In this Essay, the Author wants to start a discussion that concerns one underexplored attribute of these cases: Although these cases adjudicate authority between the President and Congress, they are litigated between the Solicitor General and private parties.
Recommended Citation: Z. Payvand Ahdout, "Neutral" Gray Briefs, 43 Fordham Int'l L.J. 1285 (2020).