In today's Court decision in Warner Chappell, the copyright case, I noticed this strong reprimand of WC's lawyers for insufficiently heeding the terms of the Question Presented, as the Court reformulated it.
This is particularly surprising, because counsel of record,…

I interviewed Rick Hasen about the Trump hush money trial and he interviewed me about the Trump immunity case on this podcast that just posted:electionlawblog.org/?p=142879

As unexciting as this sounds, this simple change is enormously important to avoid a repeat of 2020 in a key swing state.

x.com/DemocracyDocke…

Looks like Lessig 🇺🇦 agrees with me that the Court need not decide in this case whether an ex-President has any immunity at all for 'official acts.' My view adds the caveat that, even if certain acts would be considered 'official,' and even if there were immunity for those acts,…

.Jack Goldsmith: 'I have never seen such catastrophizing about a Supreme Court oral argument as the reaction to last week’s argument in Trump v. United States.'
Jack also flags my view of how to design a narrow ruling that provides the quickest practical path to decision (I'm…

Andrew Weissmann (weissmann11 on Threads)🌻 Rick Pildes Andrew Weissmann Exactly. The nature of the SCOTUS holding will be very important here as to how/if official act conduct can be used even if its not culpable conduct and it will set how acts are determined to be official in the first case and whether there will be dispute on that leading to delay

Gorscuch is pursuing the point Trevor Morrison made on Lawfare that Congress cannot criminalize acts that fall within the small area of exclusive Art. II powers

Dreeben here is rightly abandoning the overly simplistic principle the Court of Appeals relied on.

This is the potential Jack Goldsmith hidden bomb in the case: must the statutes on which the whole prosecution rests clearly state that they apply to the President (none of the statutes in the indictment do so). Kavanaugh and Gorsuch are testing this view. Unclear if any…

What would the U.S. look like under an autocracy compared to a democracy? Let's discuss this and the vital “Democracy Playbook” on April 30 at CANOPY Menlo Park. Join us as we strategize our roles in safeguarding democratic values. RSVP Here #Democracy #Autocracy