Tag Archives: Donald Trump
The Birthright Citizenship Case Is and Isn’t About Birthright Citizenship

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.

The President’s Orders Targeting Law Firms as Unconstitutional Bills of Attainder—Damning Lessons from the Past

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.

What Does the Path Ahead Look Like for President Trump’s Birthright Citizenship Order as We Approach Next Week’s Oral Argument? Observations on Nationwide Injunctions, the Merits of Constitutional Birthright Citizenship and the Unlikelihood of Severability

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.

Harvard Law Review? The Latest Odd Moment in America’s Nightmare

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.

34 out of 35 Scholars Agree: Trump is a Lawless Authoritarian

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.

Why the Arrest of Judge Dugan in Wisconsin Does not Necessarily Constitute an Illegitimate Attack on the Judiciary by the Trump Administration

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.

Judge Wilkinson’s Dualist Opinion in Abrego Garcia v. Noem: Judicial Review of Executive Branch Action in a Transformative Time

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.

The Internal Incoherence of the Trump Administration’s Demand Letter to Harvard

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.

Fighting the Last (Trade) War: Trump Ignores the Coming AI Revolution

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.

Why Coordinated Resistance by Law Firms to The Trump Administration’s Targeted Executive Orders Against BigLaw Would Not Run Afoul of Antitrust Restrictions

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.

The Transgender Military Ban: Part I: District Court Rejection of Deference and Secretary of Defense Hegseth’s Rejection of Judge Reyes

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.

Is House Speaker Mike Johnson’s Proposal to Eliminate Federal Judgeships Constitutional?

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.

Social Security is Essential, Efficient (Gasp!), and Definitely NOT a Ponzi Scheme: Part Two of Two

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.

Trump’s Justice Department Plays Dirty

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.

Schumer Was (Unfortunately) Right, But Either Way, the Infighting Must Stop

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.

Guantanamo and the Performative President

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.

The Trump Administration Defies a Court Order in the Venezuelan Gang Case and Pushes America Into Unchartered Territory

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.

Bribery Enters its Golden Age

Hofstra Law professor James Sample examines President Donald Trump’s conduct that facilitates corruption, particularly the launch of a cryptocurrency scheme and the broader erosion of anti-corruption safeguards, including weakened bribery laws, de-prioritized enforcement of foreign influence regulations, and the dismissal of government watchdogs. Professor Sample argues that these actions, along with Supreme Court rulings limiting bribery prosecutions, have systemically undermined the rule of law, fostering an environment where public officials can engage in transactional governance that threatens democracy itself.

The Missing Piece of the Putin-Trump Puzzle: Evangelical Christians

University of Pennsylvania professor Marci A. Hamilton critiques President Donald Trump’s handling of foreign policy, particularly his recent Oval Office meeting with Ukrainian President Volodymyr Zelenskyy, and argues that Trump’s deference to Russian President Vladimir Putin stems from ideological alignment with the religious right rather than merely personal or financial motivations. Professor Hamilton argues that Trump’s pro-Russia stance reflects the religious right’s alignment with Putin’s anti-LGBTQ policies, and that evangelical leaders are willing to support autocrats who share their “family values” agenda while undermining democratic principles and the separation of church and state.

More Reasons to be Guardedly Optimistic

University of Toronto visiting law professor and economist Neil H. Buchanan discusses the potential end of the Musk-Trump administration and reasons for hope during their governance, examining historical parallels, current political dynamics, and public reaction to their policies. Professor Buchanan argues that despite the current pessimistic climate, there are several reasons for optimism, including an unstable political coalition, Trump’s cult of personality that may not survive his absence, historical precedents of positive change like the Civil Rights movement, and the administration’s self-undermining behavior through indefensible policies and poor argumentation.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at the University of... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more