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The Latest Breaking News from Jack Goldsmith

"The President is Legally Barred from Waiving Iranian Sanctions as Pledged in the Iran [Memorandum of Understanding]"

So argues Prof. Jack Goldsmith (Harvard) in his Executive Functions post. An excerpt: The United States in the MOU pledges… The post "The President is Legally Barred from Waiving Iranian Sanctions as Pledged in the Iran [Memorandum of Understanding]" appeared first on Reason.com.

Reason

Court Leaks and Attorney-Journalists

The professional-ethics implications of making court confidences public.

Reason

Jack Goldsmith on the NYT and the Leaked Supreme Court "Shadow Papers"

A critique of the New York Times "unfortunately tendentious reporting about the memoranda."

Reason

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"Law Is Irrelevant to the U.S. Attack on Iran," by Prof. Jack Goldsmith (Harvard)

"And Congress is on the hook as much as the president."

Reason

Thoughts on the Potential Broader Significance of the Supreme Court's Tariff Decision

Only time will tell how great the impact of the ruling will really be. But, at this point, it seems like a very significant decision.

Reason

From Prof. Jack Goldsmith (Harvard) on the Tariff Decision

"A massive defeat for the president and an extraordinary affirmation of the Supreme Court's power."

Reason

Is the U.S. at war with Venezuela? Here's why the distinction matters so much

There are currently no U.S. boots on the ground in Venezuela.

Axios

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Prof. Jack Goldsmith (Harvard Law) "On the Legality of the Venezuela Invasion"

This isn't my field, so I can't offer any independent judgment on it—but it is Goldsmith's, and I generally think… The post Prof. Jack Goldsmith (Harvard Law) "On the Legality of the Venezuela Invasion" appeared first on Reason.com.

Reason

"Killing Helpless Men Is Murder"

Jack Goldsmith on "A Dishonorable Strike"

Reason

Bush and Obama lawyers warn Trump could challenge 2026 election results if midterms don’t go his way

‘This prospect must be taken seriously,’ the lawyers for former Democrat and Republican presidents wrote

The Independent UK

"Using History to Help Settle the Question of Presidential Tariff Powers" (Philip Zelikow)

My Hoover Institution colleague Philip Zelikow was kind enough to pass this along; he is an emeritus history professor at… The post "Using History to Help Settle the Question of Presidential Tariff Powers" (Philip Zelikow) appeared first on Reason.com.

Reason

The US system always had loopholes. Trump 2.0 exploits what others resisted - Roll Call

President Trump's second-term doctrine mixes a broad view of executive power and a willingness to blow past centuries-old norms.

Roll Call

Goldsmith's Sense and Edsall's Nonsense about the Supreme Court (Updated)

A New York Times column on the Supreme Court offers a misleading picture and errant analysis.

Reason

Bruen and CASA: Analogical Originalism

Yet, neither the majority nor the dissent cited Bruen

Reason

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Reason

Prof. Jack Goldsmith (Harvard) on "Was the Iran Strike Constitutional?"

A characteristically excellent analysis, from a leading scholar of the subject, at his Executive Functions substack. An excerpt: A lot… The post Prof. Jack Goldsmith (Harvard) on "Was the Iran Strike Constitutional?" appeared first on Reason.com.

Reason

Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to John Yoo

Yoo's criticisms are off the mark, for a variety of reasons. But, tellingly, he actually agrees Trump's IEEPA tariffs are illegal, merely disagreeing with the court's reasons for reaching that conclusion.

Reason

Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to Jack Goldsmith

The CIT ruling is much stronger than Prof. Goldsmith contends. The same is true of a related ruling by federal District Court Judge Rudolph Contreras.

Reason

Prof. Jack Goldsmith (Harvard) on "The Weaknesses in the Trump Tariff Rulings"

A very interesting item in the Executive Functions substack newsletter, written by a leading expert on Presidential power: On Wednesday,… The post Prof. Jack Goldsmith (Harvard) on "The Weaknesses in the Trump Tariff Rulings" appeared first on Reason.com.

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The Guardian - US

Why Trump does not suffer Congress when it comes to his prized tariffs

Republicans have shown the president great deference, but when it comes to tariffs, he has put them in their place

Reason

Jack Goldsmith: "The Solicitor General Embraces Judicial Supremacy"

You're reading Jack Goldsmith, right?

Reason

Jack Goldsmith on the Edward Martin Nomination

"The Case for Non-Confirmation"

Reason

Jack Goldsmith on the "Not Simple" Merits Issue Before Judge Boasberg

A useful overview.

Reason

Was It Legal for Trump to Fire Seventeen Inspectors General Without Notice?

Jack Goldsmith offers his analysis.

Roll Call

Kristi Noem largely glides unnoticed amid other Trump picks - Roll Call

Homeland Security secretary pick Kristi Noem may face questions on her experience with national security at a confirmation hearing Wednesday.

Roll Call

House Republicans can still investigate Bidens after Hunter pardon - Roll Call

Congress under full Republican control still could further investigate the president’s family in the new year.

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