🔥The 9th Round of Easy Loan, Earn $40 Reward is in progress❗️ ⏰ Promotion Period: January 15th - Feburary 15th, 2025 👉 Register now and check more details at gate.io/campaigns/358

I had forgotten until this morning about Justice Alito’s dissent in United States v. Texas, and about the Biden’s administration’s position on non-enforcement of federal law, both of which are quite relevant to much of the Trump non-enforcement program. The Court held that

BREAKING: Supreme Court DENIES President Trump‘s emergency bid to cancel nearly $2 billion in USAID spending. The vote is 5-4.

BREAKING: A 5-4 Supreme Court won 't ax an order requiring the Trump administration to releae nearly $2 billion in frozen foreign aid, but said a court should give the it "due regard for the feasibility" of any enforcement order. #SCOTUS Alito, Thomas, Gorsuch & Kavanaugh dissent

My word. Per the USAID decision: Justice Alito's dissenting opinion, taken seriously, would effectively neuter the ability of the federal courts to adjudicate whether the executive branch has refused to spend money pursuant to a congressional command. And it got four votes!

What’s happening in Federal AI law, policy & governance? We discussed UC Berkeley Law's recent conference, covering AI EOs across Trump I & II and Biden, the M-Memo, & agency shifts. Highlights from my primer and the panel of computer & social scientists and lawyers I moderated:

DC Circuit denies the motion for an emergency stay in the Boasberg case 2-1, with a brief order and 92 pages of concurrences (one by Henderson, one by Millett) and a dissent (Walker). I'm going to scan through the opinions and select out key parts. 🧵 media.cadc.uscourts.gov/orders/docs/20…

BREAKING: A 5-4 Supreme Court *grants* the Trump administration's emergency request to stay a Massachusetts court order requiring it to reinstate $250 million in Department of Education teacher training grants to eight states. Roberts & liberals dissent documentcloud.org/documents/2587…

.Curtis Bradley, Jack Goldsmith, and Oona Hathaway explore how a transparency statute for international agreements passed in 2022 could force the disclosure of any U.S.-El Salvador agreements related to Kilmar Abrego Garcia’s detention at CECOT.

Elena Chachko, Kathleen Claussen, and I recently completed a project assessing international regulatory cooperation by the executive branch. Our report is finished and you can download it while it is hot! 1/2 papers.ssrn.com/sol3/papers.cf…

now in print Duke Law Journal. Link in next tweet

Is it a coming out party for the Law of Abundance? Or another turn on the anti-environment crank? Last Thursday's Supreme Court decision on NEPA is a big f'ing deal. My latest at The Atlantic (gift link below):

"This is what happens when you take an instrument that has been very useful for many administrations, for many years, and now you overextend it," says UC Berkeley Law assistant professor of law @elenachachko on presidential use of emergency powers: npr.org/2025/06/09/nx-… NPR

Spoke with NPR about presidential use of emergency authority and our present moment UC Berkeley Law