First full draft of a new paper: A (very) deep dive in to the Supreme Court's interim orders related to Trump thus far this year.
papers.ssrn.com/sol3/papers....
04.08.2025 20:28 — 👍 19 🔁 8 💬 2 📌 0
Trump’s Continuing Illegal Refusal to Enforce the TikTok Ban
This executive branch precedent will have long and bad legs.
My take on Trump's second and still-illegal extension of his order declining enforcement of the TikTok ban and seeking to wipe out private liability under the law, with assessment of implications. open.substack.com/pub/executiv...
19.06.2025 18:15 — 👍 30 🔁 8 💬 3 📌 2
The Iran Conflict and War Powers
Assessing the president's authority, Congress's role, and the underlying politics
Bob Bauer and I discuss the possibility of the US joining in on Israel's strikes on Iran: legal authorities, Congress's role, and the politics. open.substack.com/pub/executiv...
18.06.2025 15:13 — 👍 16 🔁 0 💬 1 📌 0
Martin v. Mott Enters the Stage
The scope of judicial review of the president’s domestic deployment decisions, and the federal courts’ larger predicament
My assessment of Martin v. Mott, which will be crucial in resolving the L.A. Deployment case and other more aggressive domestic military deployments. open.substack.com/pub/executiv...
16.06.2025 12:29 — 👍 18 🔁 2 💬 0 📌 1
California Sues and Marines Enter L.A.
A longer-than-usual chat in which we disagree, a bit, on the law and politics
California Sues USG and and the Marines Enter L.A.:
A longer-than-usual chat with Bob Bauer in which we disagree, a bit, on the law and politics of the USG-CA standoff. open.substack.com/pub/executiv...
10.06.2025 14:34 — 👍 7 🔁 2 💬 1 📌 1
Troops in Los Angeles
The legal authorities and possible trajectory of the deployment
Bob Bauer and I discuss legal and other issues related to POTUS National Guard Memo and troops in LA.
open.substack.com/pub/executiv...
09.06.2025 15:01 — 👍 8 🔁 1 💬 1 📌 0
The National Guard in Los Angeles
The president hasn’t invoked the Insurrection Act. He’s instead relying on a theory of inherent constitutional power that is far more limited.
Short, sound, and straightforward legal analysis of the National Guard in LA, by @cmirasola1. Bottom line: 10 USC 12406 is the authority to federalize national guard, but the "protective power" exercised by POTUS is Article II-based. www.lawfaremedia.org/article/the-...
09.06.2025 09:14 — 👍 95 🔁 30 💬 4 📌 0
Trumpifying Federal Courts
The president’s attacks on the Federalist Society and his nomination of Emil Bove
Bob Bauer and I discuss Trump's attack on the Federalist Society, the Emile Bove nomination to the federal court of appeals, and Trump 2.0 vision for the federal judiciary. open.substack.com/pub/executiv...
02.06.2025 14:48 — 👍 4 🔁 1 💬 0 📌 0
The Weaknesses in the Trump Tariff Rulings
The tariffs may be awful but two federal courts did not persuasively show that they are unlawful.
My take on the weaknesses in the Trump IEEPA tariff rulings and the extraordinary importance, underemphasized in those rulings, of the major questions doctrine to the legality of the Trump tariffs. open.substack.com/pub/executiv...
30.05.2025 15:16 — 👍 17 🔁 4 💬 2 📌 1
The Supreme Court’s Important Decision on Presidential Removal
Unpacking the emergency order in Trump v. Wilcox
Bob Bauer and I discuss Trump v. Wilcox, the Supreme Court’s important emergency docket ruling on Presidential removal power, including what it means for Humphrey’s Executor, and other potential short- and long-term consequences. open.substack.com/pub/executiv...
23.05.2025 13:27 — 👍 9 🔁 3 💬 1 📌 0
Executive Functions Roundup
False Claims Act
Read today's Executive Functions Roundup, featuring two Alien Enemies Act rulings, two announcements from the DOJ, and commentary from @nicholasbednar.bsky.social and Erwin Chemerinsky. executivefunctions.substack.com/p/executive-...
20.05.2025 11:14 — 👍 1 🔁 1 💬 1 📌 0
And Bauer and I discuss the details of the oral argument and my post as well. open.substack.com/pub/executiv...
16.05.2025 15:16 — 👍 3 🔁 0 💬 0 📌 0
The structure of the argument reminds me of a lot of unitary executive arguments--"well, of course, our first-principles theory doesn't go so far as [ignoring SCOTUS precedents/destroying the civil service], because.... uh, well, we're not arguing that anyway."
16.05.2025 12:52 — 👍 4 🔁 1 💬 1 📌 0
The Solicitor General Embraces Judicial Supremacy
He had to for his argument against universal injunctions to work
My quick views on yesterday's oral argument: Sauer's amazing embrace of judicial supremacy. But can the Court trust him? open.substack.com/pub/executiv...
16.05.2025 12:26 — 👍 13 🔁 5 💬 3 📌 3
The Anatomy of a Habeas Troll
What's behind the administration's habeas comments? And what will the courts think?
Bob Bauer and I discuss the administration’s habeas trial balloons, the legal issues and possible strategic aims underlying the comments, and how this all fits into the administration’s larger attacks on the courts. open.substack.com/pub/executiv...
13.05.2025 15:36 — 👍 16 🔁 2 💬 1 📌 0
Corruption in Trump 2.0
It's astonishing, but does anyone care?
Bob Bauer and I discuss reports of extensive corrupt conduct in the Trump administration, the innovations that facilitated the corruption, the reasons for the muted public reaction, what might generate a stronger reaction, reform possibilities, and more. open.substack.com/pub/executiv...
08.05.2025 16:26 — 👍 8 🔁 4 💬 0 📌 1
Runaway Presidencies
We break down Jack's op-ed in the New York Times.
Bob Bauer and I discuss my oped this morning in NYT (www.nytimes.com/2025/05/05/o...)
open.substack.com/pub/executiv...
05.05.2025 16:03 — 👍 18 🔁 2 💬 0 📌 0
Executive Functions Roundup
Blocked
Read today's Executive Functions Roundup, featuring a ruling on the merits of Trump's Alien Enemies Act deportations, a new government application in the Supreme Court, commentary from @chrisgeidner.bsky.social and @ilyasomin.bsky.social, and more. executivefunctions.substack.com/p/executive-...
02.05.2025 17:51 — 👍 5 🔁 3 💬 1 📌 0
Executive Functions Is Hiring!
A paid full- or part-time executive editor position starting this spring/summer
Executive Functions is hiring a paid full- or part-time executive editor position starting this spring/summer.
open.substack.com/pub/executiv...
29.04.2025 12:36 — 👍 10 🔁 4 💬 0 📌 0
Trump Organization Fires a Key Player in the Harvard Case
What does this mean for the negotiations?
Bob Bauer and I discuss the firing of Bill Burck, Harvard’s lead counsel, from his position as outside ethics advisor of the Trump Organization, and other developments in the Harvard-USG case. open.substack.com/pub/executiv...
25.04.2025 11:44 — 👍 8 🔁 1 💬 0 📌 0
Executive Functions Roundup
Facilitate
Read today's Executive Functions Roundup, featuring an order to return another individual deported under the AEA, commentary from @stevevladeck.bsky.social, @tphillips.bsky.social, John Bessler, and William Galston, and more. executivefunctions.substack.com/p/executive-...
24.04.2025 18:20 — 👍 5 🔁 1 💬 1 📌 0
Executive Functions Is Hiring!
Summer and fall interns
Executive Functions is hiring Summer and Fall interns. open.substack.com/pub/executiv...
23.04.2025 13:09 — 👍 12 🔁 5 💬 0 📌 0
The Courts React to the Administration's Aggressive Conduct
Is it starting to hurt?
Bob Bauer and I discuss how courts are reacting to Trump administration gamesmanship, with special attention to the Supreme Court's weekend order in the Alien Enemies Act matter. open.substack.com/pub/executiv...
22.04.2025 19:24 — 👍 7 🔁 1 💬 0 📌 0
Solicitor General John Sauer’s Predicament
His incompatible duties to the president and the Supreme Court are coming to a head.
My thoughts on SG Sauer, weekend AEA order, the Abrego Garcia case, & why the 5-15 Birthright Citizenship argument "may be the 1st time an administration official is held to general public account for the administration’s actions toward federal courts"
open.substack.com/pub/executiv...
21.04.2025 13:12 — 👍 11 🔁 5 💬 1 📌 2
Executive Functions Roundup
Cling
Read today's Executive Functions Roundup, featuring Judge Wilkinson's opinion in the Abrego Garcia case, scheduled oral argument in the birthright citizenship cases, much commentary, and more. executivefunctions.substack.com/p/executive-...
18.04.2025 14:41 — 👍 5 🔁 2 💬 1 📌 0
Senior legal affairs reporter at POLITICO with a focus on democracy, the balance of power and the clash between the Trump administration and courts.
Personal account. Personal views. Frank G. Millard Professor of Law, University of Michigan Law School & Arlene Susan Kohn Professor of Social Policy, University of Michigan Ford School of Public Policy. Former General Counsel, HHS and OMB.
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A Substack newsletter devoted to analysis of presidential and broader executive power issues, by Bob Bauer and @jacklgoldsmith.bsky.social
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Law Professor at University of Arizona
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Harvard Law Professor; former Obama admin; climate and energy expert; federal regulation scholar; CleanLaw podcaster; editor of Global Climate Change and US Law; Director of https://eelp.law.harvard.edu. More at JodyFreeman.com. Opinions mine alone.
Administrative law & bureaucracy obsessed Stanford Law School professor; former ACUS council member (fired by Trump); writing book, Stand-Ins (on temporary leaders in government, business, & religion); mom of two
Notre Dame Law School professor. Administrative law geek. Should be writing. Papers here: ssrn.com/author=926820
Law professor @Berkeley Law. Inaugural Rappaport Fellow @Harvard Law. Writing and teaching about law, geopolitics, administration and technology.
Law professor. Personal account, personal views only. Vonnegut's one rule: you've got to be kind.
Antonin Scalia Professor of Law, Harvard Law School
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