Laying down the law on birthright citizenship
UC Berkeley Law Professor John Yoo weighs in on the Supreme Court's oral arguments regarding Donald Trump's executive order on birthright citizenship. Justices, including Chief Justice Roberts and Justice Barrett, appeared skeptical of the order's constitutionality, referencing an 1898 precedent. Yoo suggests Trump's in-person attendance might not influence the court, potentially leading to another defeat for his administration.
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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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The Fifth Circuit’s Chance to Expose the Inflation Reduction Act’s Unconstitutionality
Despite the mounting evidence of harm, the Medicare Drug Price Negotiation Program remains law — and the Justice Department continues to defend it in federal court.
