Kim Wehle

“The damage this Court has done to the Constitution by rendering presidents above the law in these cases will take years to unpack.”

Legal scholar @kimwehle.bsky.social unpacks the Supreme Court’s tariff victory, while highlighting it’s not enough to save American democracy.

#JusticeMatters, hope matters, community matters.
They all say it:

@glennkirschner.bsky.social
@kimwehle.bsky.social
@davearonberg.bsky.social
@oliviaoftroye.com
@frankfigliuzzi.bsky.social
@briantylercohen.bsky.social
@jimacosta.bsky.social
@leokatsareas.com
Cameron Mehrdad Laghaeian

Here’s the 6-3 ruling:

file:///private/var/mobile/Containers/Data/Application/40FAC8A6-24C0-4845-B55E-32306B4033E2/tmp/TempDocs/24-1287_4gcj.pdf

The Chief Justice has come to his senses. A truly conservative ruling in the sense that it adheres to the constitutional text giving Congress the tariff power & applies the “major questions doctrine” to Trump just like the Court did with Biden, refusing to find massive delegations Article I power.

Biden and Garland went by the book rather than let the public know before the 2024 election that, as Rep. Jamie Raskin recently said, the Republican candidate for president was named in the files “more than a million” times. My latest column:

thehill.com/opinion/crim...

bsky.app/profile/vira...

“A govt. that arrests journalists for speech is a govt. declaring war on the First Amendment...”

@kimwehle.bsky.social breaks down Don Lemon’s prosecution while explaining the Face Act under Trump’s war on free speech. Lemon is set to appear in federal court today.

Read: zeteo.com/p/will-trump...

LIVE SOON: Redeeming Democracy+LIVE: Join me for be conversation with Kim Wehle, constitutional law expert Starting Feb 16 at 12:00 PM EST

NOON TODAY (2/16)!
So looking forward to this convo at noon today (2/16) with constitutional law expert @kimwehle.bsky.social to talk about Trump and the phenomenon of “legal authoritarianism.” Tune in on Substack+LIVE—hope you’ll join us!
open.substack.com/live-stream/...

President's Day Week Events, New Resources at Redeeming Democracy Plus a 25% discount for paid annual subscribers through the end of February

Flagging 3 President's Day Week events:
1. Substack live w/ @kimwehle.bsky.social
2. @prri.org survey release w/ @ruthbenghiat.bsky.social , @melissadeckman.bsky.social , Bryan Massingale.
3. Countering #Christiannationalism with @joyannreid.bsky.social

www.redeemingdemocracy.net/p/upcoming-p...

An Essay on Mourning In today’s guest post, a heartfelt letter from Europe

Farewell to America”

By A.H.G. Rinnooy Kan, a former member of the Dutch Senate and University Professor of Economics and Business, University of Amsterdam

kimwehle.substack.com/p/an-essay-o...

Trump Wants to Sue Trevor Noah for Defamation. Here's His Problem The law is clear, says law professor and Zeteo contributor Kim Wehle. The president would need to prove “actual malice” on the part of the comedian... plus comedy is protected by the First Amendment.

Trump Wants to Sue Trevor Noah for Defamation. Here's His Problem

The law is clear, says Zeteo contributor @kimwehle.bsky.social. The president would need to prove “actual malice” on the part of the comedian... plus comedy is protected by the First Amendment.

Read now: zeteo.com/p/trump-want...

How Trump and SCOTUS Have Frustrated Federal Courts Between the administration’s lawlessness and the high court’s radicalism, lower court judges are hung out to dry.

Where does this all leave lower federal court judges? Twisting in frustration as Trump ignores them or circumvents them, knowing that the justices in the majority won’t back them up. ICYMI @kimwehle.bsky.social: lnk.thebulwark.com/4am1or0

YouTube video by Glenn Kirschner With Trump's Crimes, SCOTUS's Illegitimacy & Congress's Surrender, Time for a Constitutional Do-Over

@glennkirschner.bsky.social interviewed @kimwehle.bsky.social to discuss why we need to amend our constitution due to areas it is lacking in allowing #AmericasDictator to do all the horrendous things he & his cronies been doing been doing with help from the corrupt SCOTUS. 👎🏻 youtu.be/h8p_M0EeOhA?...

Thank you!

How Trump and SCOTUS Have Frustrated Federal Courts Between the administration’s lawlessness and the high court’s radicalism, lower court judges are hung out to dry.

"The U.S. Supreme Court has made it harder for lower federal courts to hold the federal government accountable to the Constitution." Thousands of real people are paying the price, right now.

@kimwehle.bsky.social on the war between the courts: lnk.thebulwark.com/4am1or0

If strong-form unitary executive theory is true and there’s no executive *branch*, just a president and a bunch of subordinates carrying out his will, then immigration “judges” and administrative “warrants” must be false in any way that carries constitutional significance.
1/2

Part 1 of 2 screenshots reads: "The court's patience is at an end. Accordingly, the Court will order Todd Lyons, the Acting Director of ICE, to appear personally before the Court and show cause why he should not be held in contempt of Court. The Court acknowledges that ordering the..."

Part 2 of 2 screenshot reads "...head of a federal agency to personally appear is an extraordinary step, but the extent of ICE's violation of court orders is likewise extraordinary, and lesser measures have been tried an failed."

NEW: A federal judge in Minnesota orders Acting ICE Director Todd Lyons to appear IN PERSON this Friday and explain why he shouldn't be held in contempt.

"The court's patience is at an end," writes Bush-appointed Judge Patrick J Schiltz, who clerked for Scalia. www.documentcloud.org/documents/26...

Saying there must be trials isn't just an emotive aspiration.

Congress can:
- Create a new court (complying w/ 6A jury vicinage)
- Give it jurisdiction over defined category of crimes
- Also create dedicated prosecutors for the same
- Strip SCOTUS of appellate jurisdiction

It can be done.

Looking forward to joining ABC News live at noon to break down SCOTUS arguments on Lisa Cook hearing. Tune in!

So Much for Free Speech. A Year of Trump’s Attacks on the First Amendment The ICE killing of Renee Good marks a turning point in Trump’s unprecedented assault on the right to protest, record ICE activity, and express political dissent without fear of government retaliation.

So Much for Free Speech. A Year of Trump’s Attacks on the First Amendment

The ICE killing of Renee Good marks a turning point in Trump’s unprecedented assault on the right to protest, writes @kimwehle.bsky.social.

Read now: zeteo.com/p/so-much-fo...

The letter from Bill and Hillary Clinton to James Comer explaining their refusal to testify in his Epstein investigation is really remarkable, not like any letter of this genre I've seen. It's signed by them, not a lawyer, and the arguments are not legal ones. Reprinted from their X account:

What to Do If ICE Shows Up: Know Your Rights Here are five guidelines for how to respond if US federal immigration agents stop, approach you, or knock at your door.

Here are five guidelines for how to respond if US federal immigration agents stop, approach you, or knock at your door.

zeteo.com/p/what-to-do...

Congress Can Toughen Existing Laws to Expose Trump’s Pardon-for-Sale Racket The Supreme Court’s immunity ruling gave presidents a free pass for corruption, but Congress can still demand transparency

SCOTUS gave Trump immunity to sell pardons. But transparency laws can still expose the racket. Here's how Congress can fight back without violating the immunity ruling.

@kimwehle.bsky.social

FYI: Judge Ellis (Chicago ICE case) noted in November that video evidence shows ICE "brake-checked other motorists in an attempt to force accidents that agents could then use as justifications for deploying force."

What to Expect from the Supreme Court in 2026 Three areas of law where the right-wing majority could remake our democracy.

"The question of whether America will continue to hold free and fair elections is an increasingly serious one moving into the November 2026 midterms. Nobody should count on the Supreme Court to help the cause."

My Substack today. Know your rights.

open.substack.com/pub/kimwehle...

This is the woman murdered by Trump’s masked ICE agent in Minneapolis. Her name is Renee Good. She was a mom and a poet.

What to Expect from the Supreme Court in 2026 Three areas of law where the right-wing majority could remake our democracy.

The rule of law’s demolition under Trump 2.0 is far from over. Here are three categories of major legal questions at stake in 2026.

@kimwehle.bsky.social on what the Supreme Court might spring on our democracy this year: lnk.thebulwark.com/4spmiwB

Don’t Expect Trump to Give Up on Deploying Troops Into American Cities ... despite the Supreme Court’s refusal to greenlight his use of the National Guard in Illinois.

Supreme Court justices are not supposed to help imperial presidents find technical loopholes for doing things generally understood to be outside their power

Question: But the president’s statements that he believed the election was rife with fraud—those are statements protected by the First Amendment, correct?

Smith: Absolutely not. If they are made to target a lawful government function and are made with knowing falsity, then no, they are not.