Donald Trump reclaimed the White House and, on the first day of his second term, took out his Sharpie pen and signed 26 Executive Orders – a record, with the total thus far exceeding 200. He’s not the first president to exercise this privilege of the presidency with frequency, but he has generated more challenges to the reach of his constitutional authority than any president who preceded him. The military operation that led to the capture of Venezuela’s Nicolas Maduro is yet another example of an imperial presidency. The Supreme Court this Term will decide cases dealing with several unilateral actions Trump has taken involving a diverse range of governmental decision-making–Birthright Citizenship, immigration, tariffs, and the firing of federal agency heads. Has President Trump overreached, or does the presidency receive a bonus when it comes to checks and balances?
Join FOLCS and 92NY in Conversation with former Deputy Solicitor General of the United States, Neal Katyal, and NYU legal scholar, Melissa Murray, on President Trump’s expansion of executive authority.
Neal Katyal
Supreme Court Advocate and former Deputy Solicitor General of the United States
Neal Katyal, the Paul Saunders Professor at Georgetown University and the former Acting Solicitor General of the United States, focuses on Constitutional Law, Criminal Law, and Intellectual Property. He is a best selling New York Times author, and has spent the last three years serving as Special Prosecutor for the State of Minnesota in the murder of George Floyd. In December 2017, American Lawyer magazine named him The Litigator of the Year; he was chosen from all the lawyers in the United States. He was named Litigator of the Year by American Lawyer once again in 2023. At the age of 54, he has also already argued more Supreme Court cases in U.S. history than has any minority attorney, recently breaking the record held by Thurgood Marshall. He has argued 51 cases before the Supreme Court of the United States.
Neal has extensive experience in matters of constitutional, technology, corporate, patent, securities, criminal, employment, and tribal law. In the most recent 2022-23 term alone, Neal is arguing five separate cases at the Supreme Court – nearly 10% of the docket. Neal has argued major Supreme Court cases involving a variety of issues, such as his successful defense of the constitutionality of the Voting Rights Act of 1965, his victorious defense of former Attorney General John Ashcroft for alleged abuses in the war on terror, his unanimous victory against 8 states who sued the nation’s leading power plants for contributing to global warming, his attack on Donald Trump’s “travel ban,” and a variety of other matters. As Acting Solicitor General, Katyal was responsible for representing the federal government of the United States in all appellate matters before the U.S. Supreme Court and the Courts of Appeals throughout the nation. Neal was also the only head of the Solicitor General’s office to argue a case in the U.S. Court of Appeals for the Federal Circuit, on the important question of whether certain aspects of the human genome were patentable.
While teaching at Georgetown, Katyal won Hamdan v. Rumsfeld in the United States Supreme Court, a case that challenged the policy of military trials at Guantanamo Bay Naval Station, Cuba. The Supreme Court sided with him by a 5-3 vote, finding that President Bush’s tribunals violated the constitutional separation of powers, domestic military law, and international law. As former Solicitor General and Duke law professor Walter Dellinger put it “Hamdan is simply the most important decision on presidential power and the rule of law ever. Ever.” An expert in matters of constitutional law, Katyal has embraced his theoretical work as the platform for practical consequences in the federal courts. He has also served as a visiting professor at both Harvard and Yale law schools.
Katyal previously served as National Security Adviser in the U.S. Justice Department and was commissioned by President Clinton to write a report on the need for more legal pro bono work. He also served as Vice President Al Gore’s co-counsel in the Supreme Court election dispute of 2000, and represented the Deans of most major private law schools in the landmark University of Michigan affirmative-action case Grutter v. Bollinger (2003). Katyal clerked for Supreme Court Justice Stephen Breyer as well as Judge Guido Calabresi of the U.S. Court of Appeals. He attended Dartmouth College and Yale Law School. His Articles have appeared in virtually every major law review and newspaper in America, including several articles in Harvard Law Review and Yale Law Journal.
Neal is the recipient of the very highest award given to a civilian by the U.S. Department of Justice, the Edmund Randolph Award, which the Attorney General presented to him in 2011. The Chief Justice of the United States appointed him in 2011 (and again in 2014) to the Advisory Committee on Federal Appellate Rules. Among other honors, Neal was named one of the top 200 lawyers in the United States by Forbes Magazine (in 2024); named as one of the 500 Leading Lawyers by LawDragon Magazine (one of 4 lawyers so named for every single year since 2005 to 2024); one of the 500 Most Influential People in Washington DC by Washingtonian Magazine (2022); Appellate MVP by Law360 numerous times; winner of Financial Times Innovative Lawyer Award in two different categories (both private and public law) (2017 and again in 2023), one of GQ’s Men of the Year (2017), 40 Most Influential Lawyers of the Last Decade Nationwide by National Law Journal (2010), and 90 Greatest Washington Lawyers Over the Last 30 Years by Legal Times (2008). Neal also won the National Law Journal’s pro bono award in 2004. He has appeared on virtually every major American news program, as well as on Stephen Colbert’s Late Show. He has also performed on Netflix’s House of Cards and Showtime’s Billions (where he played himself in both series).In 2021, Neal was named a Trustee of Dartmouth College. In 2022, he was named a Trustee of the Whitney Museum in New York City.
Melissa Murray
NYU Law Frederick I. and Grace Stokes Professor of Law
Murray is a graduate of the University of Virginia, where she was a Jefferson Scholar and an Echols Scholar, and Yale Law School, where she was notes development editor of the Yale Law Journal. While in law school, she earned special recognition as an NAACP-LDF/Shearman & Sterling Scholar and was a semifinalist of Morris Tyler Moot Court.
Following law school, Murray clerked for Sonia Sotomayor, then of the US Court of Appeals for the Second Circuit, and Stefan Underhill of the US District Court for the District of Connecticut. Murray is a member of the New York bar.
Murray teaches constitutional law, family law, criminal law, and reproductive rights and justice, among other courses. Murray’s research focuses on the legal regulation of sex and sexuality and encompasses such topics as marriage and its alternatives, the marriage equality debate, the legal recognition of caregiving, and reproductive rights and justice. Her publications have appeared (or are forthcoming) in the California Law Review, Columbia Law Review, Harvard Law Review, Michigan Law Review, Pennsylvania Law Review, Virginia Law Review, and Yale Law Journal, among others. She is an author of Cases on Reproductive Rights and Justice, the first casebook to cover the field of reproductive rights and justice. She has translated her scholarly writing for more popular audiences by publishing in the New York Times, Newsweek, the San Francisco Chronicle, Vanity Fair, and the Huffington Post, and has offered commentary for numerous media outlets, including NPR, MSNBC, and PBS.
In 2013, Murray’s article, “What’s So New About the New Illegitimacy?,” was awarded the Dukeminier Awards’ Michael Cunningham Prize as one of the best sexual orientation and gender identity law review articles of 2012. Her article, “Marriage as Punishment,” won the Association of American Law Schools’ 2010-2011 Scholarly Papers Competition for faculty members with fewer than five years of law teaching. “Marriage as Punishment” was also selected by the Association of American Law Schools’ Section on Women in Legal Education as a winner of the 2010-2011 New Voices in Gender Studies scholarly paper competition. In 2010, Murray was awarded the Association of American Law School’s Derrick A. Bell Award, which is given to a junior faculty member who has made an extraordinary contribution to legal education, the legal system, or social justice. In 2011, Murray was elected to the membership of the American Law Institute.
Prior to joining the NYU faculty, Murray was on the faculty of the University of California, Berkeley, School of Law, where she was the recipient of the Rutter Award for Teaching Distinction. From March 2016 to June 2017, she served as interim dean of the Berkeley Law.