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22 July 2025

The Demise of Congress

Last week, Congress passed a bill permitting deep cuts to foreign aid and public broadcasting programs – just days after enacting what Donald Trump hailed as the “Big Beautiful Bill,” widely seen as a legislative disaster. Congress is increasingly surrendering its constitutional power of the purse and, with it, its institutional identity in relation to the presidency. Its collapse in favor of pure partisanship signals the breakdown of the system of checks and balances at the heart of the U.S. Constitution. Continue reading >>
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18 July 2025

Progressives and the Supreme Court

The Case for Disengagement Is Misguided Continue reading >>
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18 July 2025

Amerikas Progressive und der Supreme Court

Warum der Ruf nach Rückzug ein Irrweg ist Continue reading >>
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10 July 2025

Judicial Acquiescence to Presidential Immigration

Mahmoud Khalil, Kilmar Ábrego García, and Rumeysa Ozturk are just a few of the people against whom the second Trump Administration has openly engaged in alarming forms of immigration enforcement. There is an underappreciated way in which the Supreme Court has defanged the judiciary’s systemic ability to confront the executive branch’s illegal immigration behavior: It has failed to draw on U.S. administrative law. In doing so, it has diminished a vital structural judicial check on presidential power – one that lower courts, and even a future Supreme Court, may find increasingly difficult to deploy. Continue reading >>
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30 April 2025

The Legal Authority (or Lack Thereof) for Trump’s Tariffs

The Trump tariffs have increased the average weighted U.S. tariff to 23% – a ten-fold increase from a year ago. Outside observers have been puzzled about how one person, even the U.S. president, has the power to single-handedly enact such sweeping changes to the U.S. and global economy. In fact, President Trump may not – and in my view, does not – have the power to impose most of his tariffs. Continue reading >>
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