Elizabeth Slattery

Senior Legal Fellow & Deputy Director, Center for the Separation of Powers DC

Elizabeth Slattery is a senior legal fellow and deputy director of PLF’s Center for the Separation of Powers. She’s an evangelist for the separation of powers, spreading the good news about the Constitution’s greatest protection for Americans’ individual liberties.

Elizabeth has written for the Harvard Journal of Law & Public Policy, the Cato Supreme Court Review, and The Federalist Society Review, among other publications, and her work on the need to end improper judicial deference to federal regulators was cited by Justice Neil Gorsuch. Her opinion pieces have appeared in The Wall Street Journal, The Washington Post, SCOTUSblog, National Review Online, and many other outlets. She has testified before Congress and is a frequent legal commentator in print, radio, and television. As creator and former host of a popular podcast about the Supreme Court, she captivated listeners around the world with her interviews and trivia segments.

Elizabeth is also one of the authors of PLF’s recent report “The Regulatory State’s Due Process Deficits.”

Elizabeth previously worked at The Heritage Foundation and is a member of The Federalist Society’s Civil Rights Practice Group Executive Committee, the Maryland State Advisory Committee of the U.S. Commission on Civil Rights, and the American Bar Association’s Public Education Division.

She’s a graduate of Xavier University, where she studied history and music and where the Jesuits taught her to question everything. She received her J.D. from George Mason University’s Antonin Scalia Law School.

In her free time, you can find Elizabeth chasing her two young sons, reading historical fiction, playing Jeopardy! with her husband, and (in a nod to her Kentucky roots) drinking bourbon.

 

Cases

Collins v. Mnuchin

After the mortgage crisis in the early 2000s, Congress created the Federal Housing Finance Agency (FHFA) to regulate federal home loans. The FHFA is headed by a single director, who serves for a period of five years and cannot be removed by the President except for cause. Exercising its vast powers, the FHFA adopted a regulation that prevented the ...

Latest Posts

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April 19, 2021

CNN: What packing the Supreme Court would really do

US Supreme Court Justice Stephen Breyer recently offered some advice to the proponents of court packing: think long and hard about the consequences. The octogenarian justice, who finds himself the latest target of a pressure campaign to retire, warned while speaking at Harvard Law School that “structural alteration motivated by the perception ...

January 29, 2021

President Trump’s “midnight” executive order on rulemaking is an important step in the right direction, but President Biden can strengthen it

In the waning days of his administration, President Trump issued one final executive order that will go a long way to make agency rulemakers accountable to the American people. As my colleagues Todd Gaziano and Angela Erickson explained this week in The Wall Street Journal: "The Executive Order on Ensuring Democratic Accountability in Agency Rulem ...

December 17, 2020

The Federalist: Courts need to stop presidents from calling oceans ‘national monuments’ to illegally put them off-limits

In Lewis Carroll's classic "Through the Looking Glass," Humpty Dumpty says to the befuddled protagonist, Alice, "When I use a word … it means just what I choose it to mean — neither more nor less." Humpty Dumpty's theory of linguistics has invaded landmark preservation, which is just one of the compelling reasons the Supreme ...

December 08, 2020

When can the president tell government agency directors, “You’re fired”?

On Wednesday, the Supreme Court will hear oral argument in Collins v. Mnuchin, challenging the structure of the Federal Housing Finance Agency (FHFA). Congress created this new federal agency in 2008 in response to the mortgage lending crisis. The FHFA has sweeping authority over our nation's housing finance system, including the power to bring cha ...

November 16, 2020

Supreme Court dissents’ role in shaping our laws

"It has been a tradition in the United States of dissents becoming the law of the land. So you're writing for a future age, and your hope is that with time the Court will see it the way you do." — Supreme Court Justice Ruth Bader Ginsburg (1933-2020) on writing dissenting opinions   We all ...

November 13, 2020

The Federalist: Philadelphia foster care case challenges Justice Scalia’s most controversial opinion

On Nov. 4, the Supreme Court heard oral argument in Fulton v. City of Philadelphia, a challenge to the city's exclusion of Catholic Social Services from participation in the foster care system due to its views on same-sex behavior. This may sound like a run-of-the-mill battle in the culture war, but there's a lot more ...

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