Joshua Claybourn

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Recovering Unlawfully Imposed Tariffs: Navigating Refunds of IEEPA Duties Importers can recover unlawfully collected IEEPA tariffs, but only if they follow strict refund procedures.

This month, the Supreme Court set oral argument to hear the legal challenges to President Trump's IEEPA tariffs for the first week of November. @joshuaclaybourn.bsky.social examines the legal obligation of the U.S. government to refund tariffs collected, if SCOTUS finds them to be unlawful.

With opponents silenced and thousands imprisoned, the Nazis dominated the March elections and soon pushed through the Enabling Act, granting Hitler dictatorial power.

The blaze itself may have been set by one man, but its political aftermath ignited the end of German democracy.

On Feb 27, 1933, fire consumed Germany’s parliament building, the Reichstag. The Nazis blamed communists and warned of a revolution. Exploiting fear, Adolf Hitler persuaded President Hindenburg to issue the Reichstag Fire Decree, which suspended civil liberties and allowed arrests without trial.

The Emancipation Proclamation and Juneteenth Milestones in the long struggle for American freedom Emancipation Proclamation

As we celebrate #Juneteenth today, take a moment to check out this exhibit from the National Archives that explores the connection between the Emancipation Proclamation and Juneteenth. visit.archives.gov/whats-on/exp...

Today the NY Times provides an excellent profile on the biggest separation of powers issue in several generations and our influential brief in the litigation.

Proud of our work on this.

Proud of our work on this.

It’s called the Library of Congress. But Trump claims it’s his. The case is the latest example of efforts by the Trump administration to erase the traditional lines that separate the branches of government.

Trump administration lawyers are arguing that the Library of Congress doesn’t belong to Congress — the latest move to erase the traditional lines that separate the branches of government.

She’s great, actually

This is a BS post for engagement. Michal is a great person and her meaning is not at all what you’re implying.

This is a BS post for engagement. Michal is a great person and her meaning is not at all what you’re implying.

My latest op-ed in the NYT.

Michal is a great person and I think her meaning here is clear—which is not at all what you’re implying.

Opinion | Knicks vs. Hicks: Let Us Praise Old-Fashioned Contempt

Knicks vs. Hicks: Let Us Praise Old-Fashioned Contempt www.nytimes.com/2025/05/25/o...

False. I organized this and several women were invited.

Well, since I organized this group and co-authored the brief, I have a pretty good idea ;-)

Thank you for the kind words. It was a pleasure writing it.

I’m proud to have organized and co-authored this brief.

Bipartisan Group of Prominent Legal Scholars and Former Government Officials Files Amicus Brief Supporting Our Case Challenging Trump's "Liberation Day" Tariffs A bipartisan group of prominent legal scholars and former government officials have filed an amicus brief supporting the lawsuit against Donald Trump's

Bipartisan group of prominent legal scholars & former govt officials file amicus brief supporting Liberty Justice Center
and my case challenging Trump's tariffs. Steve Calabresi (Federalist Society co-founder), Richard Epstein, Harold Koh, and many more: reason.com/volokh/2025/...

I’m proud to have organized and co-authored this amici brief.

I’m proud to have organized and co-authored this amici brief.

Today Harvard Is the Target. Tomorrow It Could Be Your Church. Conservatives like me once instinctively understood that expanding government power — even briefly — invites harm. Yet recent attempts by

Today Harvard Is the Target. Tomorrow It Could Be Your Church. Or Wikipedia:

Opinion | Today Harvard Is the Target. Tomorrow It Could Be Your Church.

Today Harvard Is the Target. Tomorrow It Could Be Your Church. www.nytimes.com/2025/05/09/o...

Opinion | Trump’s Tax Threats Against Harvard Set a Dangerous Precedent A weaponized tax code could backfire on conservatives.

“If the executive branch can threaten Wikipedia and universities today, what would stop a leftist administration from targeting churches and synagogues tomorrow?” writes Joshua Claybourn.

“The Court’s intervention is not merely appropriate; it is essential to reaffirm that in a republic, process cannot be subordinated to expediency”

“The President’s tariff proclamations bypass the constitutional framework that lends legitimacy and predictability to American lawmaking.”

“This case is not about trade […] It is about power.”
“Congress makes the law, and the Executive enforces it”

“No statute authorizes what the President has done.”
“IEEPA, the central statute invoked, cannot bear this weight.”
“Congress never intended it as a backdoor for permanent tax policy.”

The brief asks a simple question: who decides tariffs? "The Constitution gives a clear answer […] Congress."

“Presidential power must stem from the Constitution or an act of Congress. Here, it does neither.”