The Colorado ballot case and Trump’s claim of presidential immunity are before the Supreme Court. At stake is nothing less than whether the president and the presidency are above the law.
Supreme Court
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 […]
Posted inLaw and Justice
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 […]
Posted inLaw and Justice
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
How to Fix the Supreme Court
The time has come to connect popular anger over the conservative supermajority with concrete ideas for reform.
Posted inPolitics
Democratic Rights Are the Issue
Biden should campaign on democratic rights because Americans don’t want rights snatched from them like what happened with abortion.
Posted inLaw and Justice
The Wrong Reasons to Keep Trump on the Ballot
Whether the former president violated the insurrection clause is debatable, but some of the lame excuses being bandied about are not.
Posted inLaw and Justice
Trump’s Laughable Claim of Immunity
Whether presidents may be charged with crimes while in office is a difficult question; whether former presidents may be charged is not.
Posted inPolitics
The Trump-Colorado Ballot Case Could Help Restore the Supreme Court’s Legitimacy
Or it could destroy it if the conservative justices restore him to the state’s ballot and let him delay—and possibly quash—the legal cases arrayed against him.
Posted inLaw and Justice
What Do You Get When You Cross Samuel Alito with the State of Texas?
Two developments last week—a New York Times exposé on Supreme Court maneuvers to overturn Roe and a Texas woman compelled to deliver a fetus with a rare and fatal genetic defect—underscore the slipshod nature of the Dobbs ruling.
