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Writer on law etc.; Cato Institute. Election law, Maryland civic stuff, cooking. Blogged at Overlawyered back when. No kings, no tyrants.
Lying is bad, and lying about health causes and cures is especially bad.
NEW: The Emory shooter thought the Covid-19 vaccine was to blame for his medical problems, NYT confirms, so he shot CDC buildings, killing a police officer in the process.
Our latest: www.nytimes.com/2025/08/08/u...
Seed oils are fine, really, and RFK Jr. is wrong for like the 11,847th time. [Emily Oster]
“Today, even if Mills did in fact threaten a young woman with revenge porn, he wouldn’t stand out amid the climate of swaggering impunity and macho vice-signaling that mark the second Trump term.”
www.nytimes.com/2025/08/08/o...
Perhaps you recall Trump’s entree into presidential politics, in which he claimed that Mexico was “not sending us their best people.”
The same could be said of the Florida GOP:
We’ve got more from Rep. Cory Mills (R-FL), the avatar of post-law...
What's more: the expectation that the executive will be meaningfully constrained by the law may full well be have been a factor in deciding one's vote!
"Yes, some of the things he says he'll do are crazy, but that's okay, because legally..." and so on.
What's more, in a constitutional republic, earlier voting rounds count too. In respecting the rule of law and the role of coordinate branches of government, we honor democratic choices made by previous sets of voters in other moods - that, and curb the potential whims of a mob or strongman. /5, end
The administration is arguing that when courts restrain Donald Trump’s actions in the name of the law, they “diminish the votes of the citizens who elected him” as a “representative of the people” wie...
I add a few points of my own: supposed presidential "mandates" are not a legal concept for the very good reason that there is no objective way to identify them, discern their boundaries, or distinguish some claims of mandates from others. They are inescapably interpretation-dependent. @cato.org /4
The voting public has an interest - call it a mandate - in “seeing its governmental institutions follow the law.” What's more, while the Executive does have an interest in enforcing the nation’s immigration laws, its "paramount interest is the same as the judiciary’s: that justice shall be done.” /3
I quote Paul Clement's terrific memorandum on behalf of the Maryland judges in rebuttal of that notion: "In reality, it is the enduring text of the Constitution, not the preference of voters at a moment in time, that establishes the powers of the three branches of the federal government." /2
Just out from me at Cato: in its case against Maryland federal judges, the Trump administration is advancing the dangerous and open-ended argument that legal checks on a president's actions "diminish the votes of the citizens who elected him." Whoa! /1
The administration is arguing that when courts restrain Donald Trump’s actions in the name of the law, they “diminish the votes of the citizens who elected him” as a “representative of the people” wie...
I wonder what he was unwilling to do?
