Separation of Powers
Michael McConnell on the Tariff Cases and their Significance
President Donald Trump signed two executive orders on April 2 instituting tariffs on a wide range of countries. ( Andrew Leyden/ZUMAPRESS/Newscom) Stanford law professor, leading conservative constitutional law scholar, and…
Trump’s haste begets lawlessness
Last week, a federal court ruled that President Donald Trump had exceeded his statutory authority by imposing a raft of tariffs based on the "national emergency" supposedly caused by the longstanding U.S. trade…
Prof. Jack Goldsmith (Harvard) on “The Weaknesses in the Trump Tariff Rulings”
A very interesting item in the Executive Functions substack newsletter, written by a leading expert on Presidential power: On Wednesday, the U.S. Court of International Trade (CIT) ruled that the International Emergency…
Two courts have ruled against Trump’s tariffs—but not for the same reasons
On Wednesday, the U.S. Court of International Trade (CIT) permanently enjoined President Donald Trump's tariff orders that invoke the International Emergency Economic Powers Act (IEEPA). On Thursday, the U.S. District…
From Stanford Prof. Michael McConnell on the Tariff Decicions
Prof. Michael McConnell at the Stanford Law School, a leading constitutional law scholar (and former Tenth Circuit judge), passed this along, and I'm delighted to be able to post it: Two courts now have ruled that…
Federal judge lists 8 ways Trump violated the Constitution by punishing a law firm
After President Donald Trump began penalizing major law firms that had offended him in one way or another last February, nine of them chose to surrender rather than fight. They agreed to humiliating concessions that included…
Court Grants WilmerHale Law Firm Injunction Against President Trump’s Executive Order Targeting Firm
A (relatively) short excerpt from today's long decision by Judge Richard Leon (D.D.C.) in Wilmer Cutler Pickering Hale & Dorr LLP v. Executive Office of the President; there's a lot going on here, but in general…
Why DOGE failed
Elon Musk rode into Washington, D.C., with a chainsaw and a big promise: He would cut "at least $2 trillion" in government spending. Less than four months after President Donald Trump's second inauguration,…
(None Dare Call It) Treason of the Judiciary
Thursday, April 24, was a day like any other day—the sun came up, the sun went down, and President Donald Trump was hit with at least three nationwide injunctions by federal district court judges. That’s just the way it goes…
America First Legal Foundation v. Chief Justice John Roberts
Last month, with relatively little fanfare, the America First Legal Foundation filed suit against Chief Justice John Roberts, in his capacity as the presiding officer of the Judicial Conference of the United States, and…
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