Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines the evolving relationship between President Donald Trump and the federal judiciary, particularly Chief Justice John Roberts, focusing on initial conflicts over executive orders and judicial authority followed by recent accommodation through Supreme Court emergency docket rulings. Professor Citron argues that while a temporary détente has emerged with the Supreme Court largely supporting Trump’s initiatives through emergency orders, this fragile peace masks an ongoing institutional challenge that could threaten the Court’s legitimacy if it fails to check executive overreach in future cases.

Arbitrator and mediator Barry Winograd examines the Trump administration’s sweeping efforts during its second term to dismantle labor law protections and eliminate collective bargaining agreements for over a million federal employees, actions that have triggered multiple lawsuits by federal employee unions asserting constitutional and statutory violations. Mr. Winograd argues that these actions are not only legally flawed but also represent a retaliatory campaign against unions for exercising First Amendment rights, emphasizing the importance of judicial scrutiny and the potential critical role of the Supreme Court in upholding constitutional protections for public sector unions.

Illinois Law professor Matthew W. Finkin draws a detailed historical comparison between Donald Trump’s 2025 actions as U.S. president and key elements of the Nazi regime’s early consolidation of power, highlighting parallels in civil service purges, governmental structure, legal subordination, and ideological control. Professor Finkin argues that Trump’s efforts to reshape American institutions through loyalty tests, executive overreach, and propaganda echo dangerous authoritarian patterns, raising concerns about the erosion of democratic norms and the potential for a similar “seizure of power” unless checked by the judiciary and public resistance.

Cornell Law professor Michael C. Dorf discusses yesterday’s Supreme Court oral argument on whether lower federal courts can issue universal injunctions, using as context the Trump administration’s attempt to limit birthright citizenship for children born in the U.S. to undocumented or temporary immigrants. Professor Dorf argues that while the Court may focus on the procedural issue of universal injunctions, it has a duty to strongly reject the Trump administration’s constitutionally unfounded attack on the Fourteenth Amendment and safeguard effective judicial remedies against executive overreach.

Guest columnist Gary J. Simson—Macon Chair in Law at Mercer Law School and Professor Emeritus at Cornell Law School—critiques executive orders issued by President Donald Trump that punish specific law firms for their clients or past actions, arguing that these orders resemble historically condemned legislative punishments known as bills of attainder. Professor Simson contends that these orders are fundamentally unconstitutional assaults on the legal system and should be challenged under the Constitution’s Bill of Attainder Clause, which was designed to prevent exactly such abuses of power.

UC Davis Law professor Vikram David Amar examines the legal and constitutional issues surrounding President Donald Trump’s Executive Order aimed at denying birthright citizenship to certain U.S.-born children of non-citizen parents, with a particular focus on upcoming Supreme Court arguments about the legitimacy of nationwide injunctions blocking the Order. Professor Amar argues that the Order is flagrantly unconstitutional under the Fourteenth Amendment’s clear text and historical context and expresses concern that resolving procedural questions about injunctions in this unusual and highly politicized case may lead to inadequate judicial guidance on an important issue.

Amherst professor Austin Sarat addresses the Trump administration’s investigation into the Harvard Law Review, contextualizing it within broader conservative attacks on institutions promoting diversity, equity, and inclusion. Professor Sarat argues that the administration’s use of civil rights laws to challenge the Law Review’s diversity policies represents a disturbing abuse of power and an erosion of First Amendment protections, driven by authoritarian impulses and partisan retaliation.

Cornell Law professor Michael C. Dorf evaluates the constitutional and legal abuses committed by Donald Trump during his second term as president, based on a New York Times survey of 35 legal scholars. Professor Dorf argues that Trump’s actions, which include undermining judicial authority, dismantling federal institutions, and enforcing loyalty over law, threaten to transform the United States from a flawed constitutional democracy into an autocratic kleptocracy.

UC Davis Law professor Vikram David Amar discusses concerns about constitutional violations by the Trump administration and examines claims that the arrest of Wisconsin state judge Hannah Dugan fits into a broader pattern of undermining judicial independence. Professor Amar argues that Dugan’s arrest, unlike attacks on judges for their legal rulings, appropriately addresses unlawful interference with federal law enforcement and thus upholds, rather than threatens, constitutional principles like federal supremacy and the rule of law.

Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron examines Judge J. Harvie Wilkinson’s recent Fourth Circuit ruling in the deportation case of Kilmar Abrego Garcia, situating it within Bruce Ackerman’s theory of dualist democracy and the concept of “higher lawmaking” in times of constitutional transformation. Professor Citron argues that Judge Wilkinson’s unusually candid and philosophically grounded opinion reflects a judiciary consciously responding to President Trump’s far-reaching efforts to reshape the constitutional balance of powers, signaling that we may be living through another transformative moment in American constitutional law.

UC Davis Law professor Vikram David Amar and professor emeritus Alan E. Brownstein discuss the Trump administration’s April 11 demand letter to Harvard University, which requires sweeping changes to the university's hiring and admissions practices to eliminate identity-based preferences and to mandate viewpoint diversity. Professors Amar and Brownstein argue that the letter is deeply incoherent and self-contradictory, as its rigid insistence on merit-based selection fundamentally conflicts with its simultaneous requirement for ideological and religious viewpoint diversity across all departments.

Cornell Law professor Michael C. Dorf critiques the Trump administration’s tariff policies and broader economic strategy, arguing that they are misguided in the face of rapidly advancing technology, particularly artificial intelligence (AI). Professor Dorf contends that instead of clinging to outdated protectionist policies, U.S. leadership should focus on preparing for the disruptive impact of artificial general intelligence (AGI) and artificial super intelligence (ASI) on employment and productivity, a challenge for which Donald Trump is uniquely unqualified.

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone examine the legal and ethical implications of recent executive orders from the White House targeting law firms for their past work opposing the administration, and they discuss the resulting fragmentation within the legal profession over how to respond. Professors Amar and Mazzone argue that while individual law firms may face practical incentives to capitulate, coordinated resistance would be both more effective and legally protected under the First Amendment based on analogous Supreme Court precedents on collective political action and petitioning the government.

Illinois Law professors Lesley M. Wexler and Anthony Ghiotto examine recent judicial rulings halting the enforcement of a Trump administration executive order banning transgender individuals from military service, focusing on the Department of Defense’s justification efforts and the constitutional Equal Protection challenges in Talbott v. Trump and Shilling v. United States. Professors Wexler and Ghiotto argue that the administration failed to provide evidence-based, reasoned justifications necessary for judicial deference, highlighting a broader pattern of executive overreach and attempts to discredit the judiciary rather than engage in the fact-based policy-making required to lawfully exclude transgender service members.

Cornell Law professor Michael C. Dorf examines recent calls by President Donald Trump, Speaker Mike Johnson, and their allies in Congress to remove or sideline federal judges who have blocked Trump administration policies, either through impeachment or by eliminating the courts themselves. Professor Dorf argues that such tactics are constitutionally dubious and dangerously undermine judicial independence, warning that the real threat to the republic comes not from the judges, but from efforts to evade legal checks on presidential power.

In this second of a two-part series of columns discussing Donald Trump and Republicans’ efforts to dismantle Social Security, University of Toronto visiting law professor and economist Neil H. Buchanan argues that despite public reassurances, Republican initiatives—especially those supported by figures like Elon Musk—are methodically weakening Social Security, threatening a vital, efficient, and historically successful program that prevents elder poverty and supports millions of Americans. Professor Buchanan contends that these efforts are based on false narratives, including misleading comparisons to Ponzi schemes and deceptive efficiency claims, all aimed at undermining public confidence in the system—particularly among younger generations—in order to justify harmful privatization schemes that would ultimately benefit Wall Street at the expense of working Americans.

Cornell Law professor Michael C. Dorf examines the Trump administration’s apparent disregard for judicial authority, focusing on its defiance of a court order prohibiting the use of the Alien Enemies Act for deportations and its broader pattern of legal manipulation. Professor Dorf argues that even if technical compliance with court rulings is maintained, the administration’s deceptive tactics and overt hostility toward judicial oversight severely undermine the rule of law and pose a grave threat to American constitutional democracy.

University of Toronto visiting law professor and economist Neil H. Buchanan discusses Senate Majority Leader Chuck Schumer’s decision to avert a government shutdown by supporting a controversial continuing resolution (CR), despite backlash from Democrats and anti-Trump groups who saw it as a capitulation. Professor Buchanan argues that while Schumer is not typically a progressive hero, he made the right decision to prevent lasting harm, as a shutdown would have handed excessive power to Trump and Musk. Professor Buchanan calls upon Democrats to stop infighting so that they can effectively resist the rise of authoritarianism.

Cornell professor Joseph Margulies discusses President Donald Trump’s attempt to use Guantanamo Bay as a detention facility for migrants, highlighting the legal and logistical obstacles that make such plan infeasible. Professor Margulies argues that Trump’s real goal has never been about policy implementation but rather about shaping public perception—using Guantanamo as a symbol to dehumanize immigrants and redefine the national identity around exclusion.

Amherst professor Austin Sarat discusses the Trump administration’s late-night deportation of alleged Venezuelan gang members despite a federal judge’s order to halt the process and examines the implications for constitutional law and executive power. Professor Sarat argues that by defying the court order, the administration dangerously undermined the rule of law, demonstrating its willingness to consolidate power and disregard constitutional checks, marking a troubling crisis for American democracy.