Episode 89: A Deep Dive into the Steel Seizure Case (Youngstown Sheet & Tube v. Sawyer)

And we are back...with a second-consecutive deep-dive episode.  This week, Professors Chesney and Vladeck explore the iconic 1952 decision of the Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer, better known as the "Steel Seizure Case."  It's an all-time classic regarding the separation of powers in general and war-related powers in particular (not to mention constitutional interpretive method, theories of emergency power, and more).  In this deep dive, we: place the ruling in factual and historical context trace the doctrinal threads across the many separate opinions (and, yes, we'll use the phrase "tripartite framework"...talk about an old chestnut!) explore what the Court did and did not actually settle, and what sort of shadow the case has cast over time identify the impact of key subsequent rulings (including Dames & Moore v. Regan and Hamdan v. Rumsfeld). Like last week, bear in mind that this episode was pre-recorded in August (in this case, on Thursday August 23).  We'll be back with regular "current" shows the week after Labor Day!


by The National Security Law Podcast