🎯 "The Non-Delegation Doctrine's Price-Reducing Function" by Michael Smith.

Katyal just referred to "French Revolutioning" all statutes.

Alito VERY QUICKLY changed the subject. “That’s not my question.” (It was.)

Roberts says tariffs are taxes. (Trump will be furious.) Issue is foreign vs domestic taxes.

They see easier pathways to strike them down, pathways that avoid political-question arguments.

Gorsuch waited for seriatim so he would be uninterrupted in his calculated takedown. Interesting, he’s serious.

This is the major point. Of course not. I’m sure other justices will pick up on this, probably KBJ.

The scary thing is, imagine a real crisis.

He’s right.

(Stuff you can say when you are term limited…)

I’ve been wanting to write this exact piece (a common feeling I have with Tani’s work).

Interesting but it doesn’t capture the reality that Platonists (I think?) actually seek objective truths in good faith. Not sure that maps onto how many judges use originalism…

I was recently thinking about a piece on AI at sentencing and was pondering a footnote describing my exact use and offering the one or two deep research reports to anyone who asked. AI really hasn’t been that helpful to me other than occasionally identifying a relevant book or article.

avalon.law.yale.edu/18th_century...

www.abrahamlincolnonline.org/lincoln/spee...