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....

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...

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...

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...

Bob Bauer and I discuss the L.A. Deployment Ruling open.substack.com/pub/executiv...

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...

Bob Bauer and I discuss legal and other issues related to POTUS National Guard Memo and troops in LA. open.substack.com/pub/executiv...

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-...

Bob Bauer on why Trump openly flaunts his corruption. open.substack.com/pub/executiv...

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...

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...

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...

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-...

And Bauer and I discuss the details of the oral argument and my post as well. open.substack.com/pub/executiv...

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."

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...

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...

My take on the Stephen Miller habeas troll. open.substack.com/pub/executiv...

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...

Looking forward to May 12, 3 PM EDT, talk w/ Carnegie Endowment Prez Tino Cuéllar & Sr. Fellow Aaron David Miller on #CarnegieConnects to discuss the impacts of the Trump Administration's unprecedented expansion of power over the judiciary. RSVP to tune in: carnegieendowment.org/events/2025/...

Bob Bauer and I discuss my oped this morning in NYT (www.nytimes.com/2025/05/05/o...) open.substack.com/pub/executiv...

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-...

Executive Functions is hiring a paid full- or part-time executive editor position starting this spring/summer. open.substack.com/pub/executiv...

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...

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-...

Executive Functions is hiring Summer and Fall interns. open.substack.com/pub/executiv...

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...

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...

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-...

Bob Bauer and I discuss Wilkinson’s CA4 opinion and the Boasberg contempt opinion. open.substack.com/pub/executiv...

My interview (taped Monday) w/ Ross Douthat on the Trump administration's legal strategy against Congress, courts, and institutions, how the courts will and should respond, and what it means for executive power generally, in this presidency and the next. www.nytimes.com/2025/04/17/o...

My former boss Judge Wilkinson, joined by judges King and Thacker, issues a strongly but respectfully worded decision denying USG request for emergency relief in the Abrego Garcia case. storage.courtlistener.com/recap/gov.us...

A recent tribute by me to the much-missed Bill Stuntz: "Citizen of Heaven and Harvard: A Remembrance of Bill Stuntz." papers.ssrn.com/sol3/papers....

Bob Bauer: "Burck’s representation of Harvard suggests, as does the text of Harvard’s response to the administration and the post-publication amendment to the Garber public letter, that the university has not ruled out a negotiation of some kind" open.substack.com/pub/executiv...

Read today's Executive Functions Roundup featuring updates on the Abrego Garcia case, commentary from Mary McCord and @dgraham.bsky.social, and more. executivefunctions.substack.com/p/executive-...

Read today's Executive Functions Roundup featuring updates on the Abrego Garcia case, more on the Alien Enemies Act, and much commentary. executivefunctions.substack.com/p/executive-...

Bob Bauer and I discuss how the Sup Ct is doing vis a vis Trump on emergency orders docket, the significance of it order in Noem v. Garcia, and the latest on the Trump attacks on law firms (and why the administration wins even when it loses in court). open.substack.com/pub/executiv...

Thanks to Larry and Alan and everyone involved in the wonderful Westminster Town Hall Forum.

Last night I had the privilege of talking with @jacklgoldsmith.bsky.social and Larry Jacobs about rule of law in the Trump administration at the amazing Westminster Town Forum. Really great conversation. www.youtube.com/live/Dl_2thM...

I've been asked by a few people why the Supreme Court Is cowering before Trump on the shadow docket. Answer: It isn't. My explanation here. open.substack.com/pub/executiv...

Read today's Executive Functions Roundup, featuring access for the @apnews.com, a new Alien Enemies Act lawsuit, commentary from Jason Willick, Aziz Huq, Erwin Chemerinsky, @tribelaw.bsky.social, @jvagle.me, and Josh Blackman, and more. executivefunctions.substack.com/p/executive-...

Bob Bauer and I discuss the Supreme Court’s emergency order ruling in the Alien Enemy Act case, and more. open.substack.com/pub/executivef…

Bob Bauer on "The Dangerous Legacy of the Adams Prosecution: The Department of Justice’s radical revision of the rulebook on federal prosecutions" open.substack.com/pub/executiv...

Outstanding paper on how Trump team is "asserting unilateral authority to condition, delay, cancel, or otherwise disrupt federal obligations and expenditures without regard to longstanding legal understandings and norms." Learned a lot. papers.ssrn.com/sol3/papers....

My arguments against Edward Martin's confirmation for U.S. Attorney in DC. open.substack.com/pub/executiv...

Massive roundup of executive power developments today.

Outstanding 40K foot view on where we are, from @benjaminwittes.bsky.social. www.lawfaremedia.org/article/the-...

Bob Bauer and I discuss the latest on the Trump attacks on law firms and the legal profession. open.substack.com/pub/executiv...

New: The State Secrets Privilege and the Trump administration fight with Judge Boasberg, explained www.nytimes.com/2025/03/25/u...

1/ Many people have asked me, in light of Signal mess, how POTUS has authority to attack Houthis. The short answer is that the executive branch has claimed massively broad authority to use force under Article II w/o Congressional authorization, and Congress and the courts have basically gone along.