by Joseph DeMaio, ©2024 Neal Katyal, 2023, Wikimedia Commons, CC by SA 4.0 International (Apr. 4, 2024) — [Editor’s Note: Please see Part 1 of the author’s in-depth analysis of the captioned article, published in 2015 in the Harvard Law Review Forum by former Solicitors General Neal Katyal and Paul Clement. For additional background, see […]