Eli Nachmany is a J.D. Candidate in the Harvard Law School Class of 2022. Prior to law school, he served as a domestic policy aide in the White House Office of American Innovation, an assistant with the U.S. Department of Justice’s Nominations Team during the Supreme Court confirmation of Justice Brett Kavanaugh, and the Speechwriter to the U.S. Secretary of the Interior.
The author thanks Professor Adam White, Jacob Richards, and Jeremy Lewin for insightful comments on earlier drafts of this essay. The author also thanks Matthew Reade and the editors of the University of Chicago Law Review for their careful review and excellent edits. All errors are mine.
