“Is Trump Now a ‘King’ Above the Law?”
I spoke with Australian Broadcasting Service’s News Daily podcast. Listen.
Category Archives: Supreme Court
“Architects of the Trump Supreme Court See Culmination of Conservative Push”
Carl Hulse NYT analysis:
Back in 2016, a colleague handed Donald F. McGahn II, then a top legal adviser to the presidential candidate Donald J. Trump, an appeals court opinion that eloquently and powerfully echoed much of what Mr.… Continue reading
Must-read Adam Liptak: “In a Volatile Term, a Fractured Supreme Court Remade America” (Gift Link)
Must-read Adam Liptak NYT analysis of the just-completed Supreme Court term:
Former President Donald J. Trump had a very good year at the Supreme Court. On Monday, the court ruled that he is substantially immune from prosecution on charges that… Continue reading
In New Supreme Court Social Media Case, Echoes of Citizens United on “AntiDistortion” and the Foreign Campaign Spending Ban, with Implications for Shutting Down Tik-Tok
I want to pick up a point first flagged yesterday by Eugene Volokh from yesterday’s decision in Moody v. NetChoice that could have relevance to new legislation, currently being challenged in court, that could ban Tik-Tok as being foreign owned.… Continue reading
“Supreme Court’s Trump immunity ruling poses risk for democracy, experts say”
WaPo:
In its immunity decision Monday, the Supreme Court emphasized the long-cherished ideal that no one in America is above the law, not even the president.
The court’s dissenters and a chorus of critics said the majority had undercut that… Continue reading
“How Supreme Court Shocker Could Give Trump Truly Terrifying New Powers;” I Spoke with Greg Sargent for the Daily Blast Podcast
Listen:
Yesterday the Supreme Court released its shocking new ruling in the case involving Donald Trump’s demand for absolute immunity from prosecution for insurrection-related crimes. The court gave Trump much of what he wanted, notably ensuring that his trial for… Continue reading
“How Bad is the Trump Immunity Ruling?” I Spoke with the Slate “What Next?” Podcast
Listen:
The Supreme Court has ruled that presidents enjoy “substantial immunity” from prosecution for crimes committed while in office, which includes absolute immunity for “core constitutional duties” and “presumptive immunity” for “official acts.”
All good news for one Donald J. Trump. How… Continue reading
“My New One at Slate: “Trump Immunity Ruling Will Be John Roberts’ Legacy to American Democracy”
I have written this piece for Slate. It begins:
Is the Supreme Court obtuse or disingenuous? In its awful immunity ruling on Monday benefiting Donald Trump, the court seems so worried about future threats to democracy that could come from… Continue reading
My New Slate Piece on Today’s NetChoice Social Media Cases: “The First Amendment Just Dodged an Enormous Bullet at the Supreme Court”
I have written this piece for Slate. It begins:
At Supreme Court oral argument in the Texas social media case back in February, Justice Samuel Alito asked the question: “Let’s say YouTube were a newspaper, how much would it weigh?”… Continue reading
I Spoke with NPR’s Morning Edition About the Trump Immunity Ruling
You can listen here. From the transcript:
MARTIN: Speaking of the future beyond the criminal cases against former president Trump, this opinion does create new precedent for all American presidents. So to talk about that, we’ve called Rick Hasen, a… Continue reading
“Corporate lobbyists eye new lawsuits after Supreme Court limits federal power”
WaPo:
Mere hours after the Supreme Court sharply curbed the power of federal agencies, conservatives and corporate lobbyists began plotting how to harness the favorable ruling in a redoubled quest to whittle down climate, finance, health, labor and technology regulations… Continue reading
“The Basis for Election Exceptionalism in Justiciability and Related Doctrines: ‘Constitutional Compensation’ in Light of Purcell”
Vik Amar and Evan Caminker have posted this draft on SSRN (forthcoming, University of Illinois L. Rev.). Here is the abstract:
Pursuant to the so-called Purcell doctrine, lower federal courts (and perhaps the U.S. Supreme Court itself) are supposed to… Continue reading
“Justices Thomas and Alito Ignored Calls for Recusal in Jan. 6 Case”
NYT:
Justices Clarence Thomas and Samuel A. Alito Jr., rejecting calls for their disqualification, participated in the case, siding with a member of the mob that stormed the Capitol on Jan. 6, 2021.
Experts in legal ethics have said that… Continue reading
“The Government Needs to Act Fast to Protect the Election”
Gowri Ramachandran and Lawrence Norden post-Murthy in The Atlantic:
With Murthy now dismissed and limited time before November 5, the federal government can and should immediately resume its regular briefings with social-media companies about foreign interference in our elections. Although… Continue reading