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.

What’s Wrong with a Military Campaign Against the Drug Trade
Trump’s boat strikes against the cartels risk crossing the line between law enforcement and war.

The Long History of Presidential Discretion
The Framers did not expect Congress to preauthorize every use of force or to manage military campaigns.

Trump Is Refighting The “War” That Congress and the Burger Court “Waged” Against President Nixon
An entire structure of government was created to constrain the executive. And the Roberts Court is now dismantling it.

