Executive Functions Chat

We discuss the law relevant to U.S. engagement in the conflict between Israel and Iran, fledgling congressional resistance to unilateral action in the region, and how public opinion might affect the administration’s decisionmaking. Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss Judge Breyer’s ruling yesterday evening on California’s challenge to Trump’s federalizing of the National Guard, how the decision might have set forth helpful parameters defining the president’s constitutional authority in this context, and how much the administration’s out-of-court statements influence the opinions flowing from the courts. Get full access to Executive Functions at www....

We discuss California’s complaint challenging the Trump administration’s actions in Los Angeles, take a closer look at the president’s authorities and legal strategy, and conclude by considering the politics underlying it all. Timestamps: 0:00-11:30: The substance of California’s complaint 11:31-18:28: The aims of the complaint 18:29-30:35: The president’s relevant statutory and constitutional aut...

We discuss the president’s memorandum mobilizing National Guard troops in response to protests against federal immigration enforcement in Los Angeles. We break down the authorities Trump is relying on, how much it matters that Trump has not yet invoked the Insurrection Act, and more. After we recorded, California Governor Gavin Newsom said that the state will sue the Trump administration over Trum...

President Trump lashed out at the Federalist Society and Leonard Leo last week. We discuss what is behind the attack, how the administration may try to reshape the judiciary, and how Congress could get involved. Get full access to Executive Functions at www.execfunctions.org/subscribe

The Supreme Court issued a consequential decision yesterday staying two district court rulings that had blocked President Trump from firing board members of executive agencies. We discuss the decision, what it means for Humphrey’s Executor , and other potential short- and long-term consequences. Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss the oral argument in the birthright citizenship case and dive into Jack’s post analyzing Solicitor General Sauer’s concessions that the Supreme Court has the authority to issue “binding precedent nationwide.” Consider becoming a free or paid subscriber to Executive Functions . Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss Jack’s post on the administration’s habeas trial balloons, the legal issues and possible strategic aims underlying the comments, and how it all fits into the administration’s larger program of attack on the courts. Consider becoming a free or paid subscriber to Executive Functions . Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss reports of extensive corrupt conduct in the administration, the innovations that facilitated the corruption, the reasons for the muted public reaction, what might generate a stronger reaction, reform possibilities, and more. Consider becoming a free or paid subscriber to Executive Functions . Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss an op-ed Jack published in the New York Times this morning in which he argued that much of the aggressive action Trump 2.0 is taking stems from similar, but less extreme, actions in prior presidencies. He contended that the Supreme Court and Congress have some capacity to limit the dangers of “presidencies run amok,” but that a constitutional amendment might be necessary to impose suffi...

We discuss the ongoing conflict between the Trump administration and Harvard in light of the Trump Organization’s firing today of ethics adviser William Burck. Consider becoming a free or paid subscriber to Executive Functions . Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss the Supreme Court’s Saturday Alien Enemies Act ruling, a district court ruling in a Consumer Financial Protection Bureau case, and whether the administration is starting to experience negative consequences from its attacks on courts. * See Jack’s piece from yesterday assessing, among other things, what the Supreme Court’s order reveals about the Solicitor General’s Office in Trump 2.0....

We discuss Judge Wilkinson’s opinion denying the government’s stay motion in the Abrego Garcia case, Judge Boasberg’s opinion finding probable cause that government defendants’ conduct in the Alien Enemies Act case constituted contempt of the court, and where the administration might go from here. Consider becoming a free or paid subscriber to Executive Functions . Get full access to Executive Fun...

We discuss the Supreme Court’s emergency rulings, and one of us (Jack) argues that the Court is not capitulating to the Trump administration (see Jack’s piece making this argument posted this morning). We also discuss the administration’s still-escalating attack against law firms. Consider becoming a free or paid subscriber to Executive Functions . Get full access to Executive Functions at www.exe...

We discuss the Supreme Court’s ruling last night in the Alien Enemies Act deportation case, the Abrego Garcia case, and the difficulty of lawyering on behalf of the government with incomplete information. Get full access to Executive Functions at www.execfunctions.org/subscribe

It’s been a busy last couple of days in the Trump administration’s ongoing attack against law firms. We discuss the complaints filed by Jenner & Block and WilmerHale against the Trump administration contesting the executive orders targeting the firms, Skadden’s deal with the administration, and what it all means for the broader big law landscape. Get full access to Executive Functions at www.execf...

Following the Jenner & Block order, we discuss what President Trump’s directives targeting law firms collectively reveal about the nature of this effort and the extent to which law firms have a responsibility to resist it. Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss Paul Weiss’s agreement with President Trump and the condemnation of universal injunctions from the administration and its allies. Get full access to Executive Functions at www.execfunctions.org/subscribe

We discuss President Trump’s comments about Judge Boasberg, the administration’s broad strategy in court, the U.S. Institute of Peace story, and the current weakness of the checks that generally constrain executive power. Get full access to Executive Functions at www.execfunctions.org/subscribe