So, we’re supposed to think that the Supreme Court’s decision in Trump v. United States will be one “for the ages,” as Justice Gorsuch pompously said. That self-inflated statement reflects a view of precedent that’s at best naïve, and probably worse: silly. Should another case involving...

I might write further about Thursday's oral argument when I get a bit more free time (end-of-semester obligations and all!), but I thought that in the meantime it might be worth noting a few things in fairly summary fashion while they're still fresh.As Jack Goldsmith noted the other day, and as I explain further in my amicus brief, there are actually...

I was traveling yesterday and unable to listen to the oral argument in the Trump immunity case. I've only read the transcript. But I don't understand how the Court's thinking can be squared with Nixon's alleged crimes during Watergate. Many of his actions there were official. Indeed, much of the problem was that he abused his official powers (for example,...

      That may seem a strange and perhaps uninteresting question to ask, particularly given that I (and I suspect many readers) have no great desire for the current set of House Republicans to enjoy nice things (except, perhaps, all the many perks our system offers to former Members of Congress).  Yet on the face of it Freedom Caucus Members...

Recent events at my home university have inspired a torrent of critical commentary. That Columbia’s leadership declined to follow various norms of campus governance does not, in itself, prove that it acted unwisely. But seeing the pattern of norm breaking helps throw into relief the potential costs of its decisions in the future as well...

Here is a conversation between Tim Wu and myself, moderated by Floyd Abrams, about the First Amendment issues in the NetChoice cases before the Supreme Court. (Tim and I participated in writing amicus briefs on opposite sides of the case.) This event, which was recorded on March 4, 2024, is a part of a series of conservations on free speech issues hosted...