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The Latest Breaking News from Marty Lederman

John Roberts Serves A Blue Plate Special, And The Progressives Forget All Of Their Complaints About The Shadow Docket

Trump v. Illinois is Robertsian faux minimalism at its worst.

Reason · Dec 24, 2025

Trump Says Legislators Committed Treason by Noting That Soldiers Are Not Obligated To Obey Unlawful Orders

The president's authoritarian response to a video posted by six members of Congress, who he says "should be arrested and put on trial," validates their concerns.

Reason · Nov 21, 2025

Another Military Strike on a Speedboat Confirms Trump's Policy of Murdering Suspected Drug Smugglers

The president's new approach to drug law enforcement represents a stark departure from military norms and criminal justice principles.

Reason · Sep 16, 2025

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Trump Calls His Drone Strike on an Alleged Drug Boat 'Self-Defense.' It Looks More Like Murder.

Equating drug trafficking with armed aggression, the president asserts the authority to kill anyone he perceives as a threat to "our most vital national interests."

Reason · Sep 11, 2025

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

Presidential Bribery and the Clear Statement Rule in Trump v. United States: Revisiting Issues From The First Trump Impeachment and the Mueller Investigation

Questions from Chief Justice Roberts and Justices Kavanaugh and Gorsuch revisit unresolved issues from 2017-2020.

Reason · Apr 25, 2024

"Trump Didn't Violate Logan Act with Reshare of Old Iran Social Media Post, Experts Say"

PolitiFact (Jeff Cercone) has the story; I am one of the experts. An excerpt about the facts: After Iran launched a barrage of missiles at Israel on April 13 in its first direct military assault on the country, Sen. Rick Scott, R-Fla., told his X followers why he thought former…

Reason · Apr 16, 2024

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Prof. Marty Lederman (Georgetown) on Trump v. Anderson: "Two Important Things All the Parties Get Wrong, …"

"and One Other Important Thing They Don’t Address."

Reason · Feb 2, 2024

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