“Judicial Notice (09.01.25): (Not) Indicting A Ham Sandwich; A Trump appointee benchslaps the Trump administration, the Federal Circuit tosses Trump’s tariffs (mostly), and Davis Polk and Cooley make big hires.” David Lat has this post at his “Original Jurisdiction” Substack site.
“The Supreme Court has expanded Trump’s power. He’s seeking much more. The president’s firing of Federal Reserve governor Lisa Cook and other cases could serve as major tests of how far the high court is willing to go.” Justin Jouvenal of The Washington Post has this report.
“He Burned a Flag and Won an American Right. He Worries It’s at Risk. The Supreme Court ruled in 1989 that burning an American flag is speech protected by the First Amendment. President Trump says it should be punished.” Adam Liptak has this new installment of his “Sidebar” column online at The New York Times.
“The Excruciating Question Confronting Black College Applicants”: Law professor Justin Driver has this guest essay online at The New York Times.
“Trump Isn’t a Tariff King; He can’t tax any import on a personal whim, an appeals court says”: The Wall Street Journal has published this editorial.
And online at The Wall Street Journal, law professor Jonathan H. Adler has an essay titled “Why the Supreme Court Could Uphold Trump’s Tariffs; The president’s powers are at their strongest when it comes to foreign policy and national security.”