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Interviews

Richard Epstein: SCOTUS Hand-To-Hand Combat By The Outnumbered Liberals. 1 Of 2

interview with Richard A. Epsteinvia The John Batchelor Show
Tuesday, June 5, 2018

(Part 1) Hoover Institution fellow Richard Epstein discusses his Defining Ideas article "SCOTUS Gets Arbitration Right."

In the News

Trump Can 'Probably' Pardon Himself Over Russian Federation But Won't, Giuliani Says

quoting Jack Goldsmithvia Personal Med Tech
Tuesday, June 5, 2018

Trump's team has asked for a briefing about the informant, but Giuliani said Sunday that the president would not order the Justice Department to comply because it would negatively affect public opinion.

In the News

The Threat From Russia: Can Putin Be Stopped?

featuring Michael McFaulvia Intelligence Squared US (NY)
Tuesday, June 5, 2018

Is Vladimir Putin the most powerful – and dangerous – man in the world? With Putin in the Kremlin, we have returned to an era where former Russian spies are mysteriously poisoned on British soil and where Russia feels emboldened to roll its tanks into an eastern European state. 

Analysis and Commentary

OLC’s Meaningless 'National Interests' Test For The Legality Of Presidential Uses Of Force

by Jack Goldsmith, Curtis A. Bradleyvia Lawfare
Tuesday, June 5, 2018

The Justice Department’s Office of Legal Counsel (OLC) published a legal opinion May 31 that explained the basis for its oral advice in April that President Trump had the authority under Article II of the Constitution to direct airstrikes against Syria. 

Featured

Pardon Me, Said The President To Himself

by Richard A. Epsteinvia The Wall Street Journal
Tuesday, June 5, 2018

[Subscription Required] President Trump shocked the nation Monday by announcing via Twitter: “I have the absolute right to PARDON myself.” Many of his liberal critics deny he holds this power. But their disdain has led to faulty constitutional analysis.

In the News

Our View: Constitution Promotes Gridlock; More Powerful Presidency May Help

quoting Terry M. Moevia Times Leader
Monday, June 4, 2018

At 230 years old, the U.S. Constitution has certainly served this nation very well.

Interviews

Adam White: A Constitutional Crisis? (13:42) 

interview with Adam J. Whitevia Armstrong and Getty
Monday, June 4, 2018

Hoover Institution fellow Adam White discusses presidential power, obstruction of justice, pardon power, and the absolute power to fire the director of the FBI, as well as how exercising presidential powers could cause a constitutional crisis.

Analysis and Commentary

Justices Confound Expectation In Colorado Wedding Cake Case

by Michael McConnellvia Stanford Law School
Monday, June 4, 2018

The Supreme Court today confounded all expectations, and decided the highly controversial Masterpiece Cakeshop case by a 7-2 vote. This is the case about a Colorado baker who, in accordance with his religious beliefs that marriage is properly confined to a man and a woman, declined to “design and create” a cake celebrating a same-sex wedding.

Analysis and Commentary

A Smorgasbord Of Views On Self-Pardoning

by Jack Goldsmithvia Lawfare
Tuesday, June 5, 2018

"I have the absolute right to PARDON myself," tweeted President Trump, a few days ago. The president was presumably talking about a self-pardon for federal crimes already committed, not state crimes and not future crimes. Is he right? No president has ever tried to self-pardon and constitutional text does not speak overtly to the issue and there is no judicial precedent on point.

Analysis and Commentary

Symposium: The Worst Form Of Judicial Minimalism — Masterpiece Cakeshop Deserved A Full Vindication For Its Claims Of Religious Liberty And Free Speech

by Richard A. Epsteinvia SCOTUSblog
Monday, June 4, 2018

Today, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the Supreme Court issued a narrow decision that commanded the support of seven justices. The main opinion was written by Justice Anthony Kennedy, who in 2015’s Obergefell v. Hodges held that the equal protection clause protects the right of same-sex couples to marry. 

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Research Teams