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The Latest Breaking News from Jack Goldsmith

The US system always had loopholes. Trump 2.0 exploits what others resisted - Roll Call

President Trump's second-term doctrine mixes a broad view of executive power and a willingness to blow past centuries-old norms.

Roll Call

Goldsmith's Sense and Edsall's Nonsense about the Supreme Court (Updated)

A New York Times column on the Supreme Court offers a misleading picture and errant analysis.

Reason

Bruen and CASA: Analogical Originalism

Yet, neither the majority nor the dissent cited Bruen

Reason

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Prof. Jack Goldsmith (Harvard) on "Was the Iran Strike Constitutional?"

A characteristically excellent analysis, from a leading scholar of the subject, at his Executive Functions substack. An excerpt: A lot… The post Prof. Jack Goldsmith (Harvard) on "Was the Iran Strike Constitutional?" appeared first on Reason.com.

Reason

Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to John Yoo

Yoo's criticisms are off the mark, for a variety of reasons. But, tellingly, he actually agrees Trump's IEEPA tariffs are illegal, merely disagreeing with the court's reasons for reaching that conclusion.

Reason

Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to Jack Goldsmith

The CIT ruling is much stronger than Prof. Goldsmith contends. The same is true of a related ruling by federal District Court Judge Rudolph Contreras.

Reason

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 post Prof. Jack Goldsmith (Harvard) on "The Weaknesses in the Trump Tariff Rulings" appeared first on Reason.com.

Reason

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Why Trump does not suffer Congress when it comes to his prized tariffs

Republicans have shown the president great deference, but when it comes to tariffs, he has put them in their place

The Guardian - US

Jack Goldsmith: "The Solicitor General Embraces Judicial Supremacy"

You're reading Jack Goldsmith, right?

Reason

Jack Goldsmith on the Edward Martin Nomination

"The Case for Non-Confirmation"

Reason

Jack Goldsmith on the "Not Simple" Merits Issue Before Judge Boasberg

A useful overview.

Reason

Was It Legal for Trump to Fire Seventeen Inspectors General Without Notice?

Jack Goldsmith offers his analysis.

Reason

Kristi Noem largely glides unnoticed amid other Trump picks - Roll Call

Homeland Security secretary pick Kristi Noem may face questions on her experience with national security at a confirmation hearing Wednesday.

Roll Call

House Republicans can still investigate Bidens after Hunter pardon - Roll Call

Congress under full Republican control still could further investigate the president’s family in the new year.

Roll Call

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Latin Times

Dismissal of Trump Cases Raises Immunity Questions, And SCOTUS Is Unlikely to Provide Answers

Special counsel Jack Smith dropped two of Trump's major federal cases, leaving questions of presidential immunity unanswered, Harvard Law professor says.

Reason

Dismissal of Trump Classified Documents Case Checks the Power of Special Counsels

The decision agreed with Trump that Special Counsel Jack Smith was improperly appointed, which could have positive downstream effects for the rest of us, as well.

Reason

Bauer: "[T]here's little point left to [the Special Counsel] regulations, at least insofar as they purport to authorize investigations of presidents."

Good riddance to special counsel investigations of the President.

Reason

Goldsmith on the Trump Immunity Decision

A thoughtful, sober take on Trump v. United States.

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Salon

Project 2025 targets election 2024

Targeting the voting booth for Trump is a massive operation to return the authoritarian to the White House

Reason

Robert Leider on Sources of Presidential Immunity

I've benefited from much thoughtful commentary about last week's arguments in Trump v. United States, the presidential immunity case (besides posts at this blog, see e.g. these posts by Jack Goldsmith and by Marty Lederman). In addition I wanted to pass along these additional thoughts by Professor Robert Leider from…

WEKU

Legal experts worry about presidential abuse of the Insurrection Act. Here's why

Experts say the Insurrection Act gives a president too much sweeping power to deploy troops on American soil without guard rails or proper oversight from Congress.

Reason

SCOTUS: Unexplained Stays For Me, But Not For Thee

In the Trump immunity case, SCOTUS effectively granted a stay without considering the likelihood of success on the merits.

Reason

The Supreme Court's Grant in Trump v. U.S. (UPDATED)

The justices reframed the question presented in the case and expedited its consideration.

Reason

Jack Goldsmith on Why SCOTUS Should Review the D.C. Circuit's Decision on Presidential Immunity

The case raises an issue of high importance and the opinion may contain some loose reasoning.

Reason

Jack Goldsmith Responds to Critics on the Dangers of Prosecuting (or not Prosecuting) Trump for Trying to Overturn the 2020 Election

I was one of the critics he responded to, and in this post I offer a rejoinder.

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