President Trump’s Tariffs vs. the Supreme Court’s Duties

In the complex landscape of American economic policy, President Donald Trump’s administration introduced a significant shift with the announcement of new tariffs during what he termed “Liberation Day.” This unprecedented move not only had immediate repercussions on global markets but also set the stage for a legal battle that would reach the Supreme Court. As the legal framework surrounding tariffs comes under scrutiny, the case of Learning Resources v. Trump raises pivotal questions about the extent of presidential powers in regulating international trade. Understanding Tariffs and Presidential Powers At the core of the discussion is … Read more

State Enforcement of Section Three Disqualification: What McConnell Gets Right on Trump v. Anderson and Why He’s Still Wrong

The ongoing legal debates surrounding Section Three of the Fourteenth Amendment have sparked significant discourse among legal scholars and practitioners. In particular, Professor Michael McConnell’s analysis of the Supreme Court’s ruling in Trump v. Anderson has prompted a critical examination of the implications for state enforcement of disqualifications from federal office. While McConnell raises pertinent points regarding the Court’s reasoning and the historical context of the Fourteenth Amendment, his conclusions invite further scrutiny and challenge the broader understanding of state versus federal authority in this domain. McConnell’s Analysis of the Court’s Decision McConnell’s critique of … Read more

State Enforcement of Section Three Disqualification: What McConnell Gets Right on Trump v. Anderson and Why He’s Still Wrong

The debate surrounding the enforcement of Section Three of the Fourteenth Amendment has gained renewed attention following the Supreme Court’s decision in Trump v. Anderson. This case has significant implications for how states can enforce disqualifications from holding federal office. Leading legal scholars, including Professor Michael McConnell, have offered various interpretations of the ruling, examining both its textual and historical bases. While McConnell raises valid points regarding the Court’s reasoning, his conclusions about the broader implications of the ruling warrant further scrutiny. Understanding McConnell’s Perspective Professor McConnell’s analysis of the Court’s decision highlights several critical … Read more

Being a Justice Doesn’t Make You a Policy Expert

The role of justices in the American judicial system has evolved significantly, particularly concerning their influence on policy-making. Despite their legal expertise, there is a growing concern about the adequacy of their understanding of complex policy issues. This disconnect raises important questions about the appropriateness of their involvement in shaping policy, given their primary function is to interpret the law rather than to create it. The Historical Context of Lawyers in Governance Historically, lawyers have played a prominent role in the formation of American governance. At the Constitutional Convention in 1787, nearly two-thirds of the … Read more