Haley Proctor

Associate Professor of Law

Notre Dame Law School

Office
3120 Eck Hall of Law
Notre Dame, IN 46556
Phone
574-631-9435
Email
hprocto2@nd.edu
Website

Associate Professor of Law

  • Second Amendment
  • Constitutional law
  • Administrative law
  • Federal courts
  • Civil litigation 

Proctor in the News

SCOTUS Blog

What is “trapped in amber”? An originalist explanation

Haley Proctor is an Associate Professor at Notre Dame Law School, where she researches and teaches about procedure, evidence, and the judicial system. She was previously a partner at Cooper & Kirk PLLC, where she remains of counsel, and a law clerk to Justice Clarence Thomas and Judge Thomas B. Griffith.

SCOTUS Blog

Narrow holdings with broad consequences

Haley Proctor is an Associate Professor at Notre Dame Law School, where she researches and teaches about procedure, evidence, and the judicial system. 

Trump’s Firing Power Ripples Through US Agencies After Court Win

Although the justices didn’t eliminate all job protections or the legal paths to challenge presidential firings, the court significantly narrowed them, according to Haley Proctor, a professor at Notre Dame Law School. The potential carve-outs included agencies with investigatory functions or that support Congress, and a small number of specialized courts, she said. Proctor said some fired officials might argue their agency more closely resembles the Federal Reserve, which the Supreme Court held this week is entitled to greater independence from presidential interference because of its long historical tradition. Still, she said, the fact that the justices overturned decades-old precedent that had limited the president’s firing power meant they wouldn’t be “eager” to embrace new exceptions. “I don’t think the door is that wide,” Proctor said. The next question, she added, would be the extent to which political checks restrain the president, now that the judiciary’s role is more limited.

Local experts and politicians weigh-in on the Supreme Court's birthright citizenship ruling

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Haley Proctor, an Associate Professor of Law at the University of Notre Dame, clarified why that could mean that the decision may not be final: "Five of the Justices say that the 14th Amendment establishes this principal of birthright citizenship. Justice Kavanaugh writes a separate concurrence that says Congress could enact a law that goes along the lines of what President Trump's Executive order said."

What to know about the Supreme Court rulings on presidential firings

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Notre Dame law professor Haley Proctor emphasized the rulings go beyond Trump.

Gorsuch suggests Supreme Court's Trump ruling is opening move against administrative state

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Haley Proctor, a constitutional law professor at Notre Dame Law School, similarly described Gorsuch's opinion as a roadmap for future legal challenges. "I do think what Justice Gorsuch is pointing out is that this is the first step toward rethinking the way in which the administrative state is empowered and structured," Proctor said. Rather than simply expanding presidential authority, Proctor said the concurrence raises the possibility that Congress may ultimately have to reclaim powers it has delegated to agencies or assign certain responsibilities back to Article III courts. "If we're concerned about the amount of power that the Federal Trade Commission has, then the next step would be to reconsider giving that power to the Federal Trade Commission because some of the decisions that it's making could be made by Congress instead and some of the decisions that it's making could be made by the courts," she said.

The Supreme Court handed Trump an election case defeat. Is a bigger win for him coming?

“There are all these cases where the court seems to want to be out of the business of dealing with election issues,” said Derek Muller, an election law professor at the University of Notre Dame Law School.

Supreme Court’s narrow gun decision kindles divisions, more questions

Haley Proctor, an associate law professor at Notre Dame, said the gap could be a sign that decision will similarly be narrow. “It does strike me as significant that the Court did not need to release them on the same date,” Proctor said in an email. “That suggests that Wolford will not say anything that meaningfully changes the Court’s core framework for analyzing Second Amendment challenges.”

Supreme Court justice wants to scrap 'failed' Second Amendment test

But the fact that Thursday’s decision in favor of the drug user was a relatively narrow one could be a sign that the justices will also limit the impact of the Hawaii decision, according to Notre Dame Law School associate professor Haley Proctor, who specializes in the Second Amendment. Proctor said the Hawaii decision, which is expected by the end of the month, may not meaningfully change the court’s test for gun rules.

As Clarence Thomas hits a milestone, his conservative stamp on US Supreme Court endures

"He began his time on the court often in dissent, and he stood his ground," said Haley Proctor, a University of Notre Dame law professor who previously served as a clerk for Thomas. "The justice's influence on the law has been profound," ​Proctor said. "And that is a consequence, not only of his many years on the court, but also of his persistence."

SCOTUS Blog

The who, what, and where of gun control

A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation.

SCOTUS Blog

The how and why of gun control

A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation. Haley Proctor is an Associate Professor at Notre Dame Law School, where she researches and teaches about procedure, evidence, and the judicial system. She was previously a partner at Cooper & Kirk PLLC, where she remains of counsel, and a law clerk to Justice Clarence Thomas and Judge Thomas B. Griffith.

SCOTUS Blog

Text, history, and party presentation

A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation.

SCOTUS Blog

Litigating gun rights: an interview with Pete Patterson

A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation.

SCOTUS Blog

Text and history, not history and tradition

A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation.

SCOTUS Blog

What James Madison thought about AR-15s

A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation.

SCOTUS Blog

Are judges good historians?

A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation.

SCOTUS Blog

Learning from Second Amendment litigation

A Second Opinion is a recurring series by Haley Proctor on the Second Amendment and constitutional litigation.