Was It Legal for Trump to Fire Seventeen Inspectors General Without Notice? Jack Goldsmith offers his analysis. Reason · Jan 29, 2025
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 · Jan 14, 2025
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. Roll Call · Dec 2, 2024
Dismissal of Trump Cases Raises Immunity Questions, And SCOTUS Is Unlikely to Provide Answers Special counsel Jack Smith dropped two of Trump's major federal cases, leaving questions of presidential immunity unanswered, Harvard Law professor says. Latin Times · Nov 26, 2024
Dismissal of Trump Classified Documents Case Checks the Power of Special Counsels The decision agreed with Trump that Special Counsel Jack Smith was improperly appointed, which could have positive downstream effects for the rest of us, as well. Reason · Jul 15, 2024
Bauer: "[T]here's little point left to [the Special Counsel] regulations, at least insofar as they purport to authorize investigations of presidents." Good riddance to special counsel investigations of the President. Reason · Jul 12, 2024
Goldsmith on the Trump Immunity Decision A thoughtful, sober take on Trump v. United States. Reason · Jul 3, 2024
Project 2025 targets election 2024 Targeting the voting booth for Trump is a massive operation to return the authoritarian to the White House Salon · May 11, 2024
Robert Leider on Sources of Presidential Immunity I've benefited from much thoughtful commentary about last week's arguments in Trump v. United States, the presidential immunity case (besides posts at this blog, see e.g. these posts by Jack Goldsmith and by Marty Lederman). In addition I wanted to pass along these additional thoughts by Professor Robert Leider from… Reason · Apr 30, 2024
Legal experts worry about presidential abuse of the Insurrection Act. Here's why Experts say the Insurrection Act gives a president too much sweeping power to deploy troops on American soil without guard rails or proper oversight from Congress. WEKU · Mar 28, 2024
SCOTUS: Unexplained Stays For Me, But Not For Thee In the Trump immunity case, SCOTUS effectively granted a stay without considering the likelihood of success on the merits. Reason · Mar 25, 2024
The Supreme Court's Grant in Trump v. U.S. (UPDATED) The justices reframed the question presented in the case and expedited its consideration. Reason · Feb 29, 2024
Jack Goldsmith on Why SCOTUS Should Review the D.C. Circuit's Decision on Presidential Immunity The case raises an issue of high importance and the opinion may contain some loose reasoning. Reason · Feb 7, 2024
Jack Goldsmith Responds to Critics on the Dangers of Prosecuting (or not Prosecuting) Trump for Trying to Overturn the 2020 Election I was one of the critics he responded to, and in this post I offer a rejoinder. Reason · Aug 15, 2023
Reason · Aug 9, 2023 The Dangers of Giving Trump Impunity are Far Worse than those of Prosecuting Him Giving presidents impunity for using force and fraud to try to nullify election results is far worse than any potential risk of prosecuting Trump.
Reason · Aug 9, 2023 The Trump Indictment Hangover The high may feel good, but the hangover will be terrible.
Reason · Jun 16, 2023 Smith's Indictment of Trump In Florida Suggest He Won't Bring An Insurrection Charge in D.C. Does the special counsel "seek to avoid distracting fights"?
Reason · Apr 27, 2023 "State Regulation of Online Behavior: The Dormant Commerce Clause and Geolocation" Jack Goldsmith's and my article with this title is now out in the Texas Law Review, as is David Post's response (many thanks for writing that, David!). Many of our readers are already familiar with it from when I serialized it here several months ago; but here's the Introduction: Many…
Reason · Apr 26, 2023 The Dormant Commerce Clause, the Internet, and Geolocation A response to Professors Goldsmith & Volokh
Reason · Sep 19, 2022 The Dormant Commerce Clause and Geolocation: Conclusion [Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I've been serializing it here; this post is the conclusion of the series. There is still plenty of time for…
Reason · Sep 16, 2022 The Dormant Commerce Clause, Social Media Platforms, and Restrictions on Political Discrimination [Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…
Reason · Sep 15, 2022 The Dormant Commerce Clause, Internet Platforms, and Content Discrimination Bans [Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…
Reason · Sep 14, 2022 The Dormant Commerce Clause, Internet Platforms, and Status Discrimination Bans [Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…
Reason · Sep 13, 2022 Geographical Information and the Dormant Commerce Clause: Four Principles [Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…
Reason · Sep 12, 2022 The Dormant Commerce Clause, Geographical Identification, and Blocking Technology [Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…