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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Supreme Court showdown exposes shaky case against birthright citizenship
Supreme Court will hear challenges to Trump's order ending birthright citizenship, testing the 14th Amendment's guarantee for babies born in America.
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Congress, the President, and the Drug Boats
Lethargy in the legislature is no way to counter the executive's excess energy.
Just Follow the Law
By definition, no one can lawfully disobey the law. The problem, though, is that it can be difficult to know what the law requires, even for legal experts.
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