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It’s Jackson who has the “misunderstanding of the judicial role.” Federal courts are faithful agents of We the People, not Congress. Congress does not make statutes alone; they do so (by design) in concert with the President. So it’s a misstep to focus on what “Congress wanted.”

New Yale Journal on Regulation post explaining why IEEPA empowers the President to impose tariffs. The district court erroneously ruled that tariffs had to be a means of taxation—rather than regulation—and thus read a traditional and familiar means of regulation (tariffs) out of the statute.

Perk of growing up in Florida: This weather is more or less my natural habitat. I'm currently sitting outside writing. 😎 🌴

J. Kavanaugh suggests the MQD is limited to the domestic sphere. This is quite important for the tariff litigation, where challengers seek to extend the MQD to the international sphere. Without the MQD at play, the President's tariff position is significantly stronger.

I've previously contended that the MQD must account for the President's foreign affairs powers.

Super interesting post.

July ☀️

My thoughts on the Supreme Court’s recent nondelegation decision. Law & Liberty lawliberty.org/nondelegation-…

A great pick for Missouri, which has an impressive history of SGs

Is the nondelegation doctrine still alive or quietly fading? Chad Squitieri weighs the evidence: loom.ly/XcEnMTU

A terrific selection by the President. As a Third Circuit alum, I feel confident that my friend and Catholic Law colleague Jenn Mascott will be an excellent addition to the court! Congrats, Jenn!

Congratulations to my colleague Jenn Mascott on her nomination to the Third Circuit ct. of appeals!

Jenn Mascott is a tremendous choice for the Third Circuit. She’s one of the smartest and kindest people I’ve worked with and will be a true leader on the federal bench.

I’m admittedly biased, but I think Catholic Law is one of the most exciting law schools in the country right now

Just got a nice note from a former student of mine, studying for the bar, who recalled a mnemonic I gave them in Property. Glad they were listening!