The Legality of Trump's Tariffs
Professor John Yoo joins Bloomberg Intelligence litigation analyst Holly Froum to discuss May rulings by the US Court of International Trade and Washington, DC district court striking down so called "fentanyl trafficking" and reciprocal tariffs. Professor Yoo, who served as law clerk for Supreme Court Justice Clarence Thomas and is a senior research fellow at the Civitas Institute, a distinguished visiting professor at the School of Civil Leadership at University of Texas Austin, and a nonresident senior fellow at the American Enterprise Institute, discusses the rulings, what he thinks the lower courts got wrong, arguments on appeal and why reciprocal tariffs could be vulnerable on appeal.
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.
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When Can a Crass Political Remark Be Deemed an Indictable “Threat of Violence”?
When can a crass political remark be deemed an indictable “threat of violence”? When those charged with recognizing the law’s “supremacy” and the “limitations” on their authority disavow both principles.
Struck By Lightning Fifty Years Later: The Court’s Broken Promise on the Death Penalty
The Supreme Court has become the source of the very arbitrariness it set out to eliminate.
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