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What About Nixon?
2+ hour, 19+ min ago (453+ words) How many Presidents make a precedent? Josh Blackman | 2.23.2026 12:36 AM In Learning Resources, Chief Justice Roberts found that President Trump's tariffs lacked sufficient precedent. As a result, under the major questions doctrine, this novel exercise of power based on an old…...
Justice Gorsuch's Campy Concurrence
3+ hour, 1+ min ago (384+ words) Justice Gorsuch takes us on visit of Camp Barrett, Camp Kagan, Camp Kavanaugh, and Camp Thomas. Josh Blackman | 2.22.2026 11:53 PM Yet, Justice Gorsuch's colleagues did not give him nearly as much attention as he gave them. Justice Barrett dispatched with Justice…...
Learning Resources for Learning Resources
7+ hour, 56+ min ago (136+ words) How to teach the tariffs case? Josh Blackman | 2.22.2026 6:58 PM Learning Resources v. Trump may seem like a very important decision today, but I'm not sure how much it will matter in the near future. Ultimately, like much of Trump law, I…...
Putting Trump’s Backlash Against The Tariff Ruling In Context
8+ hour, 9+ min ago (64+ words) Josh Blackman | 2.22.2026 6:45 PM NEXT: A Conversation about the Endangerment Finding Rescission Jacob R. Swartz | From the February/March 2026 issue C. Jarrett Dieterle | 2.21.2026 7:00 AM Charles Oliver and Peter Bagge | From the February/March 2026 issue Damon Root | 2.20.2026 4:16 PM C.J. Ciaramella | 2.20.2026 3:16 PM...
A Conversation about the Endangerment Finding Rescission
13+ hour, 25+ min ago (215+ words) A couple of lawyers and a couple of scribes discuss the legal challenges to come. Jonathan H. Adler | 2.22.2026 1:29 PM It was a fun discussion which highlighted some of the legal issues that will arise as courts (first the D.C. Circuit and then,…...
Today in Supreme Court History: February 22, 2005
19+ hour, 55+ min ago (66+ words) Josh Blackman | 2.22.2026 7:00 AM 2/22/2005: Kelo v. City of New London argued. Jacob R. Swartz | From the February/March 2026 issue C. Jarrett Dieterle | 2.21.2026 7:00 AM Charles Oliver and Peter Bagge | From the February/March 2026 issue Damon Root | 2.20.2026 4:16 PM C.J. Ciaramella | 2.20.2026 3:16 PM...
An Edited Version Of Learning Resources
1+ day, 5+ hour ago (301+ words) I've finished reading the entire tariff decision, and editing it down for the Barnett/Blackman casebook. Josh Blackman | 2.21.2026 9:44 PM Here is my first stab at an edited version for the Barnett/Blackman supplement, down to about 50 pages. The majority opinion…...
Andrew McCarthy on "Why Trump’s Section 122 Tariffs Are Illegal"
1+ day, 5+ hour ago (193+ words) The prominent conservative legal commentator outlines the case against Trump's latest tariff power grab. Ilya Somin | 2.21.2026 8:58 PM These new tariffs are even more clearly illegal than Trump's IEEPA tariffs.. Our overall payments are in balance. There is no crisis. Nor…...
A Puzzle about Learning Resources v. Trump
1+ day, 11+ hour ago (172+ words) Why is the decision named what it is? Jonathan H. Adler | 2.21.2026 2:57 PM Yesterday's Supreme Court decision rejecting President Trump's use of the International Emergency Economic Policy Act (IEEPA) to impose tariffs is styled'Learning Resources v. Trump. But why? The tariff case was…...
Trump on the Supreme Court's Tariff Decision
1+ day, 12+ hour ago (854+ words) It wasn't the Court's opinion that is an "embarrassment." Jonathan H. Adler | 2.21.2026 2:46 PM After the Supreme Court ruled (correctly) that the International Emergency Economic Powers Act (IEEPA) does not authorize the imposition of tariffs, President Trump issued remarks on the decision....