Home > Journals > Michigan Law Review > MLR FI > Vol. 114
Article Title
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 reaffirmed 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.
Recommended Citation
Michael Kagan,
Plenary Power is Dead! Long Live Plenary Power,
114
Mich. L. Rev. First Impressions
21
(2015).
Available at:
https://repository.law.umich.edu/mlr_fi/vol114/iss1/10
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