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The Latest Breaking News from Jack Goldsmith

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

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.

Latin Times

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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.

Reason

Project 2025 targets election 2024

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

Salon

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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…

Reason

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.

WEKU

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.

Reason

The Dangers of Giving Trump Impunity are Far Worse than those of Prosecuting Him

Giving presidents impunity for using force and fraud to try to nullify election results is far worse than any potential risk of prosecuting Trump.

Reason

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Reason

The Trump Indictment Hangover

The high may feel good, but the hangover will be terrible.

Reason

Smith's Indictment of Trump In Florida Suggest He Won't Bring An Insurrection Charge in D.C.

Does the special counsel "seek to avoid distracting fights"?

Reason

"State Regulation of Online Behavior: The Dormant Commerce Clause and Geolocation"

Jack Goldsmith's and my article with this title is now out in the Texas Law Review, as is David Post's response (many thanks for writing that, David!). Many of our readers are already familiar with it from when I serialized it here several months ago; but here's the Introduction: Many…

Reason

The Dormant Commerce Clause, the Internet, and Geolocation

A response to Professors Goldsmith & Volokh

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Reason

The Dormant Commerce Clause and Geolocation: Conclusion

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I've been serializing it here; this post is the conclusion of the series. There is still plenty of time for…

Reason

The Dormant Commerce Clause, Social Media Platforms, and Restrictions on Political Discrimination

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Reason

The Dormant Commerce Clause, Internet Platforms, and Content Discrimination Bans

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Reason

The Dormant Commerce Clause, Internet Platforms, and Status Discrimination Bans

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Reason

Geographical Information and the Dormant Commerce Clause: Four Principles

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Reason

The Dormant Commerce Clause, Geographical Identification, and Blocking Technology

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Reason

The Dormant Commerce Clause and Internet User Protections

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

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