SCOTUStoday for Wednesday, November 5

On November 5, 2025, the Supreme Court of the United States (SCOTUS) convenes to address significant legal issues, particularly concerning the major questions doctrine and its implications for executive power. This doctrine scrutinizes the extent of authority that Congress grants to the executive branch, especially in matters of substantial economic and political significance. Today, the court will hear oral arguments related to the tariffs imposed by former President Donald Trump under the International Emergency Economic Powers Act, which raises questions about the scope of presidential power in economic matters. Understanding the Major Questions Doctrine The … Read more

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