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My initial comments on today's big ruling in our case against Trump's "Liberation Day" tariffs, with key excerpts from the decision: reason.com/volokh/2025/05…

let's talk about C I T let's talk about M Q D let's talk about all the good things and the bad things that may be

That this claim of principle was a sham has long been obvious to people in the weeds on this stuff. But this is the Supreme Court admitting it!! The radical activism of these cases doesn’t rest on principle. It never did. It rests on policy preference. That’s really, really bad.

this. Remember nothing in the Constitution actually says "POTUS can fire people". The textual hook is VERY generic. But if you really feel "executive power and vest means POTUS can fire everyone", the Federal Reserve exception totally undermines that!

Step 1 - rampage thru precedent and political tradition bc This One Principle requires it Step 2 - once the UET regime is in place, admit there isn’t any This One Principle It’s super gross. And a very big deal. Part of me is honestly still shocked the court chose to say it!

ideological screening BUT FOR COUNTERMAJORITARIAN JUDICIAL HOLDINGS

ideological screening BUT FOR LAW HIRING

ideological screening BUT FOR WHO JOURNALISTS CALL

ideological screening BUT FOR WHO’S BEARD TUGGING GETS ATTENTION

god almighty listen to yourselves your colleagues certainly are

I just published a blog post on the terrific Yale JREG Blog that draws an interesting--and potentially important--connection between Congress's power to "appropriate" and the three "Vesting" clauses in the Constitution. (Link below)

great 🧵 identifying a new textual problem with unitary executive theory Per Justice Thomas, 18c dictionaries had a verb meaning “to assign for EXCLUSIVE use”—ie, the exact thing UET fans wish the vesting clause said. But that verb was NOT “to vest.” It was “to appropriate.”🤔