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May 2025

The Illegality of Trump’s Tariffs—and the Trade Truths They Exposed
A federal court just struck down Trump’s ‘Liberation Day’ tariffs. The Constitution demands it—but the conversation he started must continue.
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Justin Evan Smith
When Silence Speaks: What the Court’s Pass on Student Speech Reveals
By refusing to hear a student speech case, the Court left unclear whether unpopular biological or political beliefs still qualify as protected…
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Justin Evan Smith
Antisemitism Is a Betrayal of America First
From the campus quad to the comment section, Jew-hatred is spreading—and the right is not exempt.
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Justin Evan Smith
What Counts as Harm? A Warning from Justice Jackson’s Dissent
When participation is dismissed unless it's decisive, representation itself is at risk.
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Justin Evan Smith
The Slow Fix Is No Fix at All: A Response to Neetu Arnold on Higher Ed Reform
Arnold is right about the rot in universities—but wrong about the urgency and method required to root it out.
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Justin Evan Smith
Class Actions, Coercion, and the Constitution: The Paradoxical Erosion of Individual Rights in Immigration Enforcement
Procedural Justice Undone by Procedure Itself
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Justin Evan Smith
Let the Executive Execute
A late-night filing from the Solicitor General calls on the Supreme Court to step back and let the executive branch do its job.
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Justin Evan Smith
Trump’s Drug Pricing Reform Isn’t Price Control—It’s Market Power Finally Put to Work
For decades, American taxpayers have subsidized the rest of the world’s healthcare. Now, with the stroke of a pen, that may finally end—and the free…
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Justin Evan Smith
Mothers, Rights, and the Fight for Our Children
Today we celebrate mothers—but we must also fight for their rightful place at the center of their children’s lives, a place the law is increasingly…
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Justin Evan Smith
A Quiet Life of Public Duty: Remembering Justice David Souter
1939-2025
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Justin Evan Smith
Docket Watch: May 8, 2025
A daily note on power, process, and the bench
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Justin Evan Smith
© 2025 Justin Evan Smith
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