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The Latest Breaking News from Neal Katyal

What Does It Mean To "Regulate Importation"?

It's the central question in the tariff cases, and one exchange during oral argument caught my ear

Reason

Donald Trump's Global Tariffs Face Collapse as US Supreme Court Questions His Power to Tax the World

The Supreme Court appeared poised to strike down Trump's sweeping global tariffs, with justices across the ideological spectrum questioning his authority. A loss could trigger up to $800 billion in refunds to US companies.

International Business Times UK

Supreme Court ruling may push President Trump to new tariff strategy

Donald Trump warns the US could be left 'defenceless' if the Supreme Court overturns his global tariffs — but he still has multiple legal tools to keep taxing imports.

Euronews

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Counting to Five for the Government In The Tariffs Case

I was in the Court, and I have a different take on the case.

Reason

Lutnick, Bessent – and John Mulaney? The surprising mix of dignitaries monitoring Trump’s ‘life or death’ tariffs case

In one of the largest cases for Trump in his second term, justices will decide if his signature economic policy is legally sound

The Independent UK

Federal Circuit Rules Against Trump's Massive IEEPA Tariffs in Our Case Challenging Them

In a 7-4 ruling, the en banc court upheld trial court ruling against all the challenged tariffs. The scope of the injunction against them remains to be determined.

Reason

Federal Circuit Judges Question Trump's Discovery of Vast Tariff Powers

The president is claiming "unbounded authority" to impose import taxes based on a law that does not mention them.

Reason

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A long-running anti-DEI lawsuit could have high stakes for corporate diversity

A reverse-discrimination suit against B2B company Hello Alice has become a proving ground in the legal battle over diversity-oriented corporate programs.

Fortune

Appeals court hears tariff challenge - Roll Call

A federal appeals court panel grilled the Justice Department attorney and challengers over the legality of President Trump's tariffs.

Roll Call

Federal Circuit Appellate Brief Filed in Our Tariff Case

Our brief explains why the Federal Circuit should uphold the Court of International Trade decision striking down Trump's "Liberation Day" tariffs.

Reason

Michael McConnell and Neal Katyal Join Our Tariff Litigation Team

They are prominent legal scholars and Supreme Court litigators from opposite sides of the political spectrum.

Reason

Comparing The Dates of Tom Goldstein's SCOTUS Oral Arguments And The Dates In His Indictment

According to the government, Goldstein was very busy before and after his arguments at the Court.

Reason

Trump's Campaign Promise to End Birthright Citizenship is Impossible to Fulfill, Legal Expert Says: 'He Will Lose'

"Last I checked the President can't override the Constitution," said former acting solicitor general Neal Katyal

Latin Times

Pildes on the Election's Guardrails

Rick Pildes offers cautionary notes about specualtive fear-mongering about the administration of the 2024 election.

Reason

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Fortune

A top affirmative action lawyer said that some companies are caving to DEI criticism because ‘they’re wimps’

Neal Katyal said that many fears over legal retribution are unwarranted.

Salon

Smith appeal could lead to Cannon ouster

"There are some things in the law that are open to debate," commented attorney Neal Katyal. "This one is not"

Salon

Prof: Trump tempting bigger punishment

"She may not hesitate to sue him again and have another jury impose an even larger punitive damage award"

Salon

Smith uses Trump arguments "against him"

Smith says Trump criminal case is the "last place to recognize a novel form of absolute immunity"

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Salon

Experts: Even SCOTUS libs may back Trump

Liberal justices not pushing back on arguments “suggests the cake is already baked,” law professor says

Salon

"Freakout stage" over Trump ruling delay

Legal observers are flummoxed over the delay in D.C. Circuit Court of Appeals immunity ruling

Salon

Experts praise Trump Colo. ballot ruling

"Strict textualist" Trump "has been hoisted on his own petard," says ex-acting Solicitor General Neal Katyal

Salon

Meadows ruling a "bad signal for Trump"

"You could almost just global search and replace Meadows for Trump" in the ruling, says CNN legal analyst

Salon

Experts: Even bankruptcy can't save Rudy

"I’m not even sure that Rudy Giuliani can afford to pay for Four Seasons landscaping right now," attorney says

Salon

Experts torch Trump lawyer's performance

“Trump's lawyer sounded like an anarchist First Amendment freak," says ex-acting Solicitor General Neal Katyal

Salon

Trump lawyer botches gag order arguments

The three-judge panel appeared likely to uphold but limit Judge Chutkan's gag order on the former president

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