Jack Goldsmith
@jacklgoldsmith.bsky.social
Prof Harvard Law School, Co-founder of Lawfare, Non-res. sr. fellow at AEI; executivefunctions.substack. Opinions mine alone. Likes ≠ agree; = save to read. https://jackgoldsmith.org/
My discussion with David Pozen about his elucidating essay, with Jedediah Britton-Purdy, entitled: "What Are We Living Through? Three competing narratives of the second Trump administration." www.execfunctions.org/p/what-are-w...
What Are We Living Through?
Three ways to understand the Trump administration
www.execfunctions.org
November 11, 2025 at 5:18 PM
My discussion with David Pozen about his elucidating essay, with Jedediah Britton-Purdy, entitled: "What Are We Living Through? Three competing narratives of the second Trump administration." www.execfunctions.org/p/what-are-w...
My take on the tariffs oral argument. www.nytimes.com/2025/11/05/o...
Opinion | Why It Will Be Hard for Five Justices to Bless Trump’s Tariffs
www.nytimes.com
November 6, 2025 at 9:58 AM
My take on the tariffs oral argument. www.nytimes.com/2025/11/05/o...
My take on the significance of the classified OLC opinion for the Venezuela boat strikes.
www.execfunctions.org/p/the-venezu...
www.execfunctions.org/p/the-venezu...
The Venezuela Boat Strikes and the Justice Department’s Golden Shield
How the Office of Legal Counsel Helps the White House in its Summary Killings
www.execfunctions.org
October 27, 2025 at 12:46 PM
My take on the significance of the classified OLC opinion for the Venezuela boat strikes.
www.execfunctions.org/p/the-venezu...
www.execfunctions.org/p/the-venezu...
Bob Bauer and I discuss internal rifts at DOJ, the loyalty pressures shaping the Trump administration, and whether constitutional reform is needed to curb the spiral of politicized prosecutions.
www.execfunctions.org/p/decision-m...
www.execfunctions.org/p/decision-m...
Decision-making Disarray at the DOJ
Blanche, Bondi, Halligan, Martin—and a White House in charge
www.execfunctions.org
October 14, 2025 at 6:19 PM
Bob Bauer and I discuss internal rifts at DOJ, the loyalty pressures shaping the Trump administration, and whether constitutional reform is needed to curb the spiral of politicized prosecutions.
www.execfunctions.org/p/decision-m...
www.execfunctions.org/p/decision-m...
First full draft of a new paper: A (very) deep dive in to the Supreme Court's interim orders related to Trump thus far this year.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
August 4, 2025 at 8:28 PM
First full draft of a new paper: A (very) deep dive in to the Supreme Court's interim orders related to Trump thus far this year.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
My take on Trump's second and still-illegal extension of his order declining enforcement of the TikTok ban and seeking to wipe out private liability under the law, with assessment of implications. open.substack.com/pub/executiv...
Trump’s Continuing Illegal Refusal to Enforce the TikTok Ban
This executive branch precedent will have long and bad legs.
open.substack.com
June 19, 2025 at 6:15 PM
My take on Trump's second and still-illegal extension of his order declining enforcement of the TikTok ban and seeking to wipe out private liability under the law, with assessment of implications. open.substack.com/pub/executiv...
Bob Bauer and I discuss the possibility of the US joining in on Israel's strikes on Iran: legal authorities, Congress's role, and the politics. open.substack.com/pub/executiv...
The Iran Conflict and War Powers
Assessing the president's authority, Congress's role, and the underlying politics
open.substack.com
June 18, 2025 at 3:13 PM
Bob Bauer and I discuss the possibility of the US joining in on Israel's strikes on Iran: legal authorities, Congress's role, and the politics. open.substack.com/pub/executiv...
My assessment of Martin v. Mott, which will be crucial in resolving the L.A. Deployment case and other more aggressive domestic military deployments. open.substack.com/pub/executiv...
Martin v. Mott Enters the Stage
The scope of judicial review of the president’s domestic deployment decisions, and the federal courts’ larger predicament
open.substack.com
June 16, 2025 at 12:30 PM
My assessment of Martin v. Mott, which will be crucial in resolving the L.A. Deployment case and other more aggressive domestic military deployments. open.substack.com/pub/executiv...
Bob Bauer and I discuss the L.A. Deployment Ruling open.substack.com/pub/executiv...
The Weak L.A. Deployment Ruling
A missed opportunity and next steps
open.substack.com
June 13, 2025 at 5:43 PM
Bob Bauer and I discuss the L.A. Deployment Ruling open.substack.com/pub/executiv...
California Sues USG and and the Marines Enter L.A.:
A longer-than-usual chat with Bob Bauer in which we disagree, a bit, on the law and politics of the USG-CA standoff. open.substack.com/pub/executiv...
A longer-than-usual chat with Bob Bauer in which we disagree, a bit, on the law and politics of the USG-CA standoff. open.substack.com/pub/executiv...
California Sues and Marines Enter L.A.
A longer-than-usual chat in which we disagree, a bit, on the law and politics
open.substack.com
June 10, 2025 at 2:34 PM
California Sues USG and and the Marines Enter L.A.:
A longer-than-usual chat with Bob Bauer in which we disagree, a bit, on the law and politics of the USG-CA standoff. open.substack.com/pub/executiv...
A longer-than-usual chat with Bob Bauer in which we disagree, a bit, on the law and politics of the USG-CA standoff. open.substack.com/pub/executiv...
Bob Bauer and I discuss legal and other issues related to POTUS National Guard Memo and troops in LA.
open.substack.com/pub/executiv...
open.substack.com/pub/executiv...
Troops in Los Angeles
The legal authorities and possible trajectory of the deployment
open.substack.com
June 9, 2025 at 3:01 PM
Bob Bauer and I discuss legal and other issues related to POTUS National Guard Memo and troops in LA.
open.substack.com/pub/executiv...
open.substack.com/pub/executiv...
Short, sound, and straightforward legal analysis of the National Guard in LA, by @cmirasola1. Bottom line: 10 USC 12406 is the authority to federalize national guard, but the "protective power" exercised by POTUS is Article II-based. www.lawfaremedia.org/article/the-...
The National Guard in Los Angeles
The president hasn’t invoked the Insurrection Act. He’s instead relying on a theory of inherent constitutional power that is far more limited.
www.lawfaremedia.org
June 9, 2025 at 9:14 AM
Short, sound, and straightforward legal analysis of the National Guard in LA, by @cmirasola1. Bottom line: 10 USC 12406 is the authority to federalize national guard, but the "protective power" exercised by POTUS is Article II-based. www.lawfaremedia.org/article/the-...
Bob Bauer on why Trump openly flaunts his corruption. open.substack.com/pub/executiv...
The Money 'Game' and the All-Powerful Executive
Trump’s open profiteering is not only about self-enrichment.
open.substack.com
June 5, 2025 at 1:24 PM
Bob Bauer on why Trump openly flaunts his corruption. open.substack.com/pub/executiv...
Bob Bauer and I discuss Trump's attack on the Federalist Society, the Emile Bove nomination to the federal court of appeals, and Trump 2.0 vision for the federal judiciary. open.substack.com/pub/executiv...
Trumpifying Federal Courts
The president’s attacks on the Federalist Society and his nomination of Emil Bove
open.substack.com
June 2, 2025 at 2:48 PM
Bob Bauer and I discuss Trump's attack on the Federalist Society, the Emile Bove nomination to the federal court of appeals, and Trump 2.0 vision for the federal judiciary. open.substack.com/pub/executiv...
My take on the weaknesses in the Trump IEEPA tariff rulings and the extraordinary importance, underemphasized in those rulings, of the major questions doctrine to the legality of the Trump tariffs. open.substack.com/pub/executiv...
The Weaknesses in the Trump Tariff Rulings
The tariffs may be awful but two federal courts did not persuasively show that they are unlawful.
open.substack.com
May 30, 2025 at 3:16 PM
My take on the weaknesses in the Trump IEEPA tariff rulings and the extraordinary importance, underemphasized in those rulings, of the major questions doctrine to the legality of the Trump tariffs. open.substack.com/pub/executiv...
Bob Bauer and I discuss Trump v. Wilcox, the Supreme Court’s important emergency docket ruling on Presidential removal power, including what it means for Humphrey’s Executor, and other potential short- and long-term consequences. open.substack.com/pub/executiv...
The Supreme Court’s Important Decision on Presidential Removal
Unpacking the emergency order in Trump v. Wilcox
open.substack.com
May 23, 2025 at 1:27 PM
Bob Bauer and I discuss Trump v. Wilcox, the Supreme Court’s important emergency docket ruling on Presidential removal power, including what it means for Humphrey’s Executor, and other potential short- and long-term consequences. open.substack.com/pub/executiv...
Reposted by Jack Goldsmith
Read today's Executive Functions Roundup, featuring two Alien Enemies Act rulings, two announcements from the DOJ, and commentary from @nicholasbednar.bsky.social and Erwin Chemerinsky. executivefunctions.substack.com/p/executive-...
Executive Functions Roundup
False Claims Act
executivefunctions.substack.com
May 20, 2025 at 11:14 AM
Read today's Executive Functions Roundup, featuring two Alien Enemies Act rulings, two announcements from the DOJ, and commentary from @nicholasbednar.bsky.social and Erwin Chemerinsky. executivefunctions.substack.com/p/executive-...
And Bauer and I discuss the details of the oral argument and my post as well. open.substack.com/pub/executiv...
May 16, 2025 at 3:17 PM
And Bauer and I discuss the details of the oral argument and my post as well. open.substack.com/pub/executiv...
Reposted by Jack Goldsmith
The structure of the argument reminds me of a lot of unitary executive arguments--"well, of course, our first-principles theory doesn't go so far as [ignoring SCOTUS precedents/destroying the civil service], because.... uh, well, we're not arguing that anyway."
May 16, 2025 at 12:52 PM
The structure of the argument reminds me of a lot of unitary executive arguments--"well, of course, our first-principles theory doesn't go so far as [ignoring SCOTUS precedents/destroying the civil service], because.... uh, well, we're not arguing that anyway."
My quick views on yesterday's oral argument: Sauer's amazing embrace of judicial supremacy. But can the Court trust him? open.substack.com/pub/executiv...
The Solicitor General Embraces Judicial Supremacy
He had to for his argument against universal injunctions to work
open.substack.com
May 16, 2025 at 12:26 PM
My quick views on yesterday's oral argument: Sauer's amazing embrace of judicial supremacy. But can the Court trust him? open.substack.com/pub/executiv...
Bob Bauer and I discuss the administration’s habeas trial balloons, the legal issues and possible strategic aims underlying the comments, and how this all fits into the administration’s larger attacks on the courts. open.substack.com/pub/executiv...
The Anatomy of a Habeas Troll
What's behind the administration's habeas comments? And what will the courts think?
open.substack.com
May 13, 2025 at 3:36 PM
Bob Bauer and I discuss the administration’s habeas trial balloons, the legal issues and possible strategic aims underlying the comments, and how this all fits into the administration’s larger attacks on the courts. open.substack.com/pub/executiv...
My take on the Stephen Miller habeas troll.
open.substack.com/pub/executiv...
open.substack.com/pub/executiv...
Trolling About Habeas Corpus
On the aims of disruption through provocation
open.substack.com
May 12, 2025 at 4:52 PM
My take on the Stephen Miller habeas troll.
open.substack.com/pub/executiv...
open.substack.com/pub/executiv...
Bob Bauer and I discuss reports of extensive corrupt conduct in the Trump administration, the innovations that facilitated the corruption, the reasons for the muted public reaction, what might generate a stronger reaction, reform possibilities, and more. open.substack.com/pub/executiv...
Corruption in Trump 2.0
It's astonishing, but does anyone care?
open.substack.com
May 8, 2025 at 4:26 PM
Bob Bauer and I discuss reports of extensive corrupt conduct in the Trump administration, the innovations that facilitated the corruption, the reasons for the muted public reaction, what might generate a stronger reaction, reform possibilities, and more. open.substack.com/pub/executiv...
Looking forward to May 12, 3 PM EDT, talk w/ Carnegie Endowment Prez Tino Cuéllar & Sr. Fellow Aaron David Miller on #CarnegieConnects to discuss the impacts of the Trump Administration's unprecedented expansion of power over the judiciary. RSVP to tune in: carnegieendowment.org/events/2025/...
Trump and the Courts: Will Our Guardrails Hold?
Join Aaron David Miller as he engages the Carnegie Endowment’s Tino Cuéllar and Harvard’s Learned Hand Professor of Law Jack Goldsmith to shed light on President Trump's growing reach over the judiciary and its implications for America’s changing place in the world on the next Carnegie Connects.
carnegieendowment.org
May 8, 2025 at 4:23 PM
Looking forward to May 12, 3 PM EDT, talk w/ Carnegie Endowment Prez Tino Cuéllar & Sr. Fellow Aaron David Miller on #CarnegieConnects to discuss the impacts of the Trump Administration's unprecedented expansion of power over the judiciary. RSVP to tune in: carnegieendowment.org/events/2025/...
Bob Bauer and I discuss my oped this morning in NYT (www.nytimes.com/2025/05/05/o...)
open.substack.com/pub/executiv...
open.substack.com/pub/executiv...
Runaway Presidencies
We break down Jack's op-ed in the New York Times.
open.substack.com
May 5, 2025 at 4:03 PM
Bob Bauer and I discuss my oped this morning in NYT (www.nytimes.com/2025/05/05/o...)
open.substack.com/pub/executiv...
open.substack.com/pub/executiv...