The special counsel investigating the president’s handling of classified documents embarrasses himself and the Justice Department.
Law and Justice
Reporting on justice and law in America: the Supreme Court, the Constitution, criminal justice, and how legal fights shape everyday life.
Posted inLaw and Justice
Justices Find Trump Ballot Arguments Supremely Vexing
An observer of the Supreme Court oral argument on the 45th president’s getting kicked off the Colorado primary ballot might be forgiven for asking, “What have you done with Donald Trump’s legal team?” The argument offered by the former president’s attorney was quite different than the posturing of his lawyers in previous cases—and even in […]
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It’s Not Just the Border: The Trump-Abbott-Republican Nullification Crisis Is Here
Not since the meek accountant in the back of the courtroom leapt up and screamed, “Stop, Perry Mason! I did it! I killed him, and I’m GLAD!” has a suspect been quite so eager to confess his crimes as Donald J. Trump. When he proposed a Muslim ban in 2016 and then actually declared one […]
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As the Supreme Court Reconsiders “Chevron Deference,” Will Its Ruling Be Monumental or “Meh”?
Last month, the Supreme Court heard two cases—Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce—each widely anticipated because the Court’s ruling on them could significantly reshape the federal judiciary’s relationship to the federal administrative bureaucracy. The issue in both is whether the Court should overrule, or at least narrow, a 40-year-old […]
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The Least Harmful Way to Leave Trump on the Ballot
I’ve been teaching Constitutional Law for 40 years, and I am persuaded that Section 3 of the Fourteenth Amendment disqualifies Donald Trump from serving as president again because of his involvement in “insurrection” against the United States. But I’ve been watching the U.S. Supreme Court for the same four decades. Despite the strength of the […]
Posted inLaw and Justice
Trump and Giuliani Can’t Easily Wiggle Out of Defamation Payments
As any creditor will tell you, there is a difference between presenting a bill and getting it paid. As any creditor’s lawyer will say to you, there is a difference between getting a judgment and getting it satisfied.
Posted inLaw and Justice
Elon Musk’s War on the New Deal—and Democracy
The South African-born mogul is now trying to gut the 89-year-old National Labor Relations Board.
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How to Fix the Supreme Court
The time has come to connect popular anger over the conservative supermajority with concrete ideas for reform.
Posted inLaw and Justice
Trump the Autocrat at the Counsel Table
Trump’s assassination-with-impunity claims were all but laughed at by judges but they reveal the Republican frontrunner’s despotic mindset as he vows to attend every trial.
Posted inLaw and Justice
Will Trump’s Disqualification Turn on Whether an 1869 Case Was Wrongly Decided?
How the ruling of Salmon P. Chase—senator, governor, and both Lincoln’s treasury secretary and chief justice—might affect whether the 45th president can be restored to the Colorado ballot.
