Immigration Article of the Day: Plenary Power Is Dead! Long Live Plenary Power! by Michael Kagan

Plenary Power Is Dead! Long Live Plenary Power!  by Michael Kagan, University of Nevada, Las Vegas, William S. Boyd School of Law 2015 Michigan Law Review First Impressions, 2015, Forthcoming UNLV William S. Boyd School of Law Legal Studies Research Paper

Abstract: For decades, scholars of immigration law have anticipated the demise of the plenary power doctrine. The Supreme Court could have accomplished this in its recent decision in Kerry v. Din, or it could have re-affirmed plenary power. Instead, the Court produced a splintered decision that did neither. This essay examines the long process of attrition that has significantly gutted the traditional plenary power doctrine with regard to procedural due process, while leaving it largely intact with regard to substantive constitutional rights.

Professor Kagan has blogged about Kerry v. Din on ImmigrationProf.

KJ