Andrew Kent

i.e, not e.g. Most of it is wrong, of course

I read him saying 1. legislative power is power to regulate, eg to say people must do x or can't do y, with penalty affixed. 2. Case of Proc is evidence of this understanding. 3. Nondeleg rule applies to legis powers only. 4. Taxing is not a legis power. 5. Ergo nondeleg irrelevant.

A Democratic president in 2029 needs to willing to reduce the size of the presidency, which presidents are loath to do. In 2022 @qjurecic.bsky.social and @andrewkent.bsky.social wrote a great piece in @lawfaremedia.org on Biden's failure to get that job done. www.lawfaremedia.org/article/what...

My colleague Adam Orford has a great new article -"The Destruction of the Clinate Spending State." journals.library.columbia.edu/index.php/cj...

RIP Dan Howe, a great historian of the antebellum United States

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Downloads of the Year 2025 Here are ten papers that I found particularly interesting, innovative, or valuable in 2025. Originalism, the Administrative State, and the Clash of Political Theories by J. Joel Alicea The Supreme Court Under Threat: Early Lessons in Judicial Self-Protection by Curtis Bradley & Neil Siegel Managing Legal Concepts: Maintenance, Modulation, Modification  by Andrew S. Gold & Henry E. Smith Deepfake Torts: Emerging Tort Frameworks in U.S.

Downloads of the Year 2025

Here are ten papers that I found particularly interesting, innovative, or valuable in 2025. Originalism, the Administrative State, and the Clash of Political Theories by J. Joel Alicea The Supreme Court Under Threat: Early Lessons in Judicial Self-Protection by Curtis…

An excerpt on the violence of the protest movement's aims: 4/

William E. Nelson, one of the giants of U.S. legal history has passed. I have fond memories of spending a year as a Golieb Fellow at NYU under his tutelage -- as do many others. Sending love and comfort to his family and to all those who who counted him as a friend.

How U.S. Export Controls Risk Undermining Biosecurity The regulations intended to prevent bioweapons proliferation may be increasing bioweapon risks.

In this co-authored article for Lawfare (@lawfaremedia.org), Fordham Law Professor Doni Bloomfield (@donibloomfield.bsky.social) argues that the regulations intended to prevent bioweapons proliferation may actually be increasing bioweapon risks.

The story of how Xiao Wang was treated sounds really bad.

Well said

Describing this growing group of Jan 6 pardonees as 'facing new legal trouble' seems to miss what I fear is the most plausible explanation for why so many are back: they understood the pardon they received as an official license to resume doing exactly what they had been doing on Trump's behalf.

Join us Thursday morning for a discussion on immigration and migration policies in the second Trump administration with Jaya Ramji-Nogales, Ingrid Brunk, and @monicahakimi.bsky.social

Register here: www.cambridge.org/core/journal...

Drawing on a draft article, I filed an amicus brief in the 5th Cir. en banc Alien Enemies Act litigation, with great representation by Covington & Burling. The brief shows that Pres Trump's use of the statute is inconsistent with its meaning when enacted in 1798. papers.ssrn.com/sol3/papers....

A Brief History Of Awful TV Shows About the Supreme Court The concept of “The West Wing for the Supreme Court” might be the only thing more upsetting than the actual Supreme Court.

Neal Katyal says he's working on a TV show that he describes as "The West Wing for the Supreme Court," and my question is, have We As A Society not suffered enough

November 7 as Victims of Communism Day - 2025 NOTE: The following post is largely adapted from last year's November 7 post on the same subject. Since 2007,…

I agree with @ilyasomin.bsky.social, US should recognize a Victims of Communism day. The #s of killed, starved, tortured, terrorized, blackmailed, surveilled, denied other basic liberties (religious practice, political participation, child rearing etc) are staggering

reason.com/volokh/2025/...

Since it's clearly not true that IDF helps NYPD violently oppress people, and since it sounds like a blame the Jewish state (or perhaps Jews more generally) for everything bad kind of statement, I'm curious, genuinely, why you think not? I don't know what's actually in his heart, of course.

We had only very bad choices on the ballot. I held my nose and voted Cuomo, fwiw

A monomaniacal view that Israel is uniquely evil - a view that many of his statements and actions over many years seems to suggest he holds - is, I think, suggestive of anti-Semitism. I read his statement and his attempted explanation in that context. But I admit I can't be sure.

Now that your guy won, can Mamdani people admit that "when the boot of the NYPD is on your neck, it's been laced by the IDF" sounds a lot like something an anti-Semite would say?

Andrew Kent and I have a blog post on Quorum Call, the blog of the Harvard Law School Journal of Legislation, about the tariffs case being argued tomorrow. You can find it here: journals.law.harvard.edu/jol/2025/11/...

An Amici Brief in the Tariffs Case Andrew Kent and I filed a brief last week in Learning Resources, Inc. v. Trump

A substack post about the brief Andrew Kent and I submitted in Learning Resources, Inc. v. Trump, the tariffs case:
paulstephan.substack.com/p/an-amici-b...

New amicus brief in IEEPA tariff case by law profs @andrewkent.bsky.social @pbs3.bsky.social: "Interpreting IEEPA as not covering tariffs or other monetary exactions does not hobble the President. Existing trade law gives him significant authority to adjust tariffs to confront a national emergency."

Legal Theory Bookworm: "Contemporary Non-Positivism" by Atiq, buff.ly/tW60iUQ - The Legal Theory Bookworm recommends Contemporary Non-Positivism by Emad H. Atiq.

Craig Green is very worth reading on Erie papers.ssrn.com/sol3/papers....

There's some excellent scholarship on these questions. Eg Caleb Nelson scholarship.law.wm.edu/cgi/viewcont...

In light of the 5th Circuit's important Alien Enemies Act decision, here again is a link to my deep-dive draft paper on what the statute meant in 1798. Updated version coming to SSRN soon. papers.ssrn.com/sol3/papers....

What I'm saying is that Niskanen should bring on some fellows to do esoteric readings of Plato