Andrew Kent
@andrewkent.bsky.social
Law prof at Fordham. Teach and write about fed courts, US constitutional history, executive power, US colonialism, other stuff.
Drawing on a draft article, I filed an amicus brief in the 5th Cir. en banc Alien Enemies Act litigation, with great representation by Covington & Burling. The brief shows that Pres Trump's use of the statute is inconsistent with its meaning when enacted in 1798. papers.ssrn.com/sol3/papers....
Amicus Brief of Prof. Andrew Kent, WMM v. Trump (5th Cir. 2025) (en banc)
This amicus brief draws on my research on the original meaning of the several parts of the the Alien Enemies Act. See Andrew Kent, <i>The Alien Enemies Ac
papers.ssrn.com
November 18, 2025 at 4:03 PM
Drawing on a draft article, I filed an amicus brief in the 5th Cir. en banc Alien Enemies Act litigation, with great representation by Covington & Burling. The brief shows that Pres Trump's use of the statute is inconsistent with its meaning when enacted in 1798. papers.ssrn.com/sol3/papers....
Reposted by Andrew Kent
Neal Katyal says he's working on a TV show that he describes as "The West Wing for the Supreme Court," and my question is, have We As A Society not suffered enough
A Brief History Of Awful TV Shows About the Supreme Court
The concept of “The West Wing for the Supreme Court” might be the only thing more upsetting than the actual Supreme Court.
ballsandstrikes.substack.com
November 17, 2025 at 4:51 PM
Neal Katyal says he's working on a TV show that he describes as "The West Wing for the Supreme Court," and my question is, have We As A Society not suffered enough
I agree with @ilyasomin.bsky.social, US should recognize a Victims of Communism day. The #s of killed, starved, tortured, terrorized, blackmailed, surveilled, denied other basic liberties (religious practice, political participation, child rearing etc) are staggering
reason.com/volokh/2025/...
reason.com/volokh/2025/...
November 7 as Victims of Communism Day - 2025
NOTE: The following post is largely adapted from last year's November 7 post on the same subject. Since 2007,…
reason.com
November 8, 2025 at 6:52 PM
I agree with @ilyasomin.bsky.social, US should recognize a Victims of Communism day. The #s of killed, starved, tortured, terrorized, blackmailed, surveilled, denied other basic liberties (religious practice, political participation, child rearing etc) are staggering
reason.com/volokh/2025/...
reason.com/volokh/2025/...
We had only very bad choices on the ballot. I held my nose and voted Cuomo, fwiw
Lol who did you vote for? Sliwa?
November 5, 2025 at 11:48 AM
We had only very bad choices on the ballot. I held my nose and voted Cuomo, fwiw
Now that your guy won, can Mamdani people admit that "when the boot of the NYPD is on your neck, it's been laced by the IDF" sounds a lot like something an anti-Semite would say?
November 5, 2025 at 2:44 AM
Now that your guy won, can Mamdani people admit that "when the boot of the NYPD is on your neck, it's been laced by the IDF" sounds a lot like something an anti-Semite would say?
Reposted by Andrew Kent
Andrew Kent and I have a blog post on Quorum Call, the blog of the Harvard Law School Journal of Legislation, about the tariffs case being argued tomorrow. You can find it here: journals.law.harvard.edu/jol/2025/11/...
Does the President Have Power to Impose Tariffs Using Peacetime Economic Sanctions Legislation? – Harvard Journal on Legislation
journals.law.harvard.edu
November 4, 2025 at 6:23 PM
Andrew Kent and I have a blog post on Quorum Call, the blog of the Harvard Law School Journal of Legislation, about the tariffs case being argued tomorrow. You can find it here: journals.law.harvard.edu/jol/2025/11/...
Reposted by Andrew Kent
A substack post about the brief Andrew Kent and I submitted in Learning Resources, Inc. v. Trump, the tariffs case:
paulstephan.substack.com/p/an-amici-b...
paulstephan.substack.com/p/an-amici-b...
An Amici Brief in the Tariffs Case
Andrew Kent and I filed a brief last week in Learning Resources, Inc. v. Trump
paulstephan.substack.com
October 26, 2025 at 7:34 PM
A substack post about the brief Andrew Kent and I submitted in Learning Resources, Inc. v. Trump, the tariffs case:
paulstephan.substack.com/p/an-amici-b...
paulstephan.substack.com/p/an-amici-b...
Reposted by Andrew Kent
New amicus brief in IEEPA tariff case by law profs @andrewkent.bsky.social @pbs3.bsky.social: "Interpreting IEEPA as not covering tariffs or other monetary exactions does not hobble the President. Existing trade law gives him significant authority to adjust tariffs to confront a national emergency."
www.supremecourt.gov
October 22, 2025 at 5:23 PM
New amicus brief in IEEPA tariff case by law profs @andrewkent.bsky.social @pbs3.bsky.social: "Interpreting IEEPA as not covering tariffs or other monetary exactions does not hobble the President. Existing trade law gives him significant authority to adjust tariffs to confront a national emergency."
Reposted by Andrew Kent
Legal Theory Bookworm: "Contemporary Non-Positivism" by Atiq, buff.ly/tW60iUQ - The Legal Theory Bookworm recommends Contemporary Non-Positivism by Emad H. Atiq.
Legal Theory Bookworm: "Contemporary Non-Positivism" by Atiq
The Legal Theory Bookworm recommends Contemporary Non-Positivism by Emad H. Atiq. Here is a description: This Element defends and clarifies the thesis that the legality of a system of rules depends…
buff.ly
September 27, 2025 at 1:15 PM
Legal Theory Bookworm: "Contemporary Non-Positivism" by Atiq, buff.ly/tW60iUQ - The Legal Theory Bookworm recommends Contemporary Non-Positivism by Emad H. Atiq.
Craig Green is very worth reading on Erie papers.ssrn.com/sol3/papers....
September 3, 2025 at 9:24 PM
Craig Green is very worth reading on Erie papers.ssrn.com/sol3/papers....
Reposted by Andrew Kent
What I'm saying is that Niskanen should bring on some fellows to do esoteric readings of Plato
August 24, 2025 at 4:56 PM
What I'm saying is that Niskanen should bring on some fellows to do esoteric readings of Plato
Reposted by Andrew Kent
The criticisms here of the effects on law students are right, but miss the most important piece: hiring on first semester grades hurts first-gen students, students who don't have lawyers in the family, students who take a little longer to adjust to law school, etc. 1/
www.law.com/2025/08/18/h...
www.law.com/2025/08/18/h...
How Law Students Are Navigating Early Recruitment | Law.com
“In some ways, that’s very powerful, to kind of have your career plan that's buttoned up,” but “the flip side of that, of course, is your career plans are buttoned up for a couple years,” said Carey B...
www.law.com
August 20, 2025 at 12:22 AM
The criticisms here of the effects on law students are right, but miss the most important piece: hiring on first semester grades hurts first-gen students, students who don't have lawyers in the family, students who take a little longer to adjust to law school, etc. 1/
www.law.com/2025/08/18/h...
www.law.com/2025/08/18/h...
Reposted by Andrew Kent
Excellent scholarly analysis by @andrewkent.bsky.social of Trump's invocation of Alien Enemies Act.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
The Alien Enemies Act of 1798
For the first time since World War II-and the first time ever outside a formally declared war-an American president has invoked the Alien Enemies Act to detain
papers.ssrn.com
August 14, 2025 at 8:50 PM
Excellent scholarly analysis by @andrewkent.bsky.social of Trump's invocation of Alien Enemies Act.
papers.ssrn.com/sol3/papers....
papers.ssrn.com/sol3/papers....
Reposted by Andrew Kent
As we watch the increasing weaponization of economic tools, this new collection of (often prescient) articles on "Economic Sanctions and the Law" in the Fordham International Law Journal has become only more relevant: www.fordhamilj.org/volume-48-is...
Volume 48, Issue 5 — Fordham International Law Journal
www.fordhamilj.org
August 11, 2025 at 3:31 PM
As we watch the increasing weaponization of economic tools, this new collection of (often prescient) articles on "Economic Sanctions and the Law" in the Fordham International Law Journal has become only more relevant: www.fordhamilj.org/volume-48-is...
Even if justices are geniuses, a democratic culture, committed to the people's self-govt largely through elective institutions, should work hard treat them like ordinary people with a job (though an important one). The fan cults around eg Scalia and RBG were embarrassing and unfortunate
This isn’t aimed only at Sotomayor. But to expand on Robert’s point, with the exception of Holmes and Posner, none of these people are geniuses. They’re generally good lawyers who had the benefit of circumstance. Treating them like wizards—as we do at these public talks—is a recipe for disaster.
Justice Sotomayor suggests—implausibly—that justices somehow have a vested property interest in their office. Yet another reason why relying on judges to be reformers is an absolute disaster.
August 10, 2025 at 8:02 PM
Even if justices are geniuses, a democratic culture, committed to the people's self-govt largely through elective institutions, should work hard treat them like ordinary people with a job (though an important one). The fan cults around eg Scalia and RBG were embarrassing and unfortunate
Reposted by Andrew Kent
This isn’t aimed only at Sotomayor. But to expand on Robert’s point, with the exception of Holmes and Posner, none of these people are geniuses. They’re generally good lawyers who had the benefit of circumstance. Treating them like wizards—as we do at these public talks—is a recipe for disaster.
Justice Sotomayor suggests—implausibly—that justices somehow have a vested property interest in their office. Yet another reason why relying on judges to be reformers is an absolute disaster.
August 10, 2025 at 4:10 PM
This isn’t aimed only at Sotomayor. But to expand on Robert’s point, with the exception of Holmes and Posner, none of these people are geniuses. They’re generally good lawyers who had the benefit of circumstance. Treating them like wizards—as we do at these public talks—is a recipe for disaster.
Reposted by Andrew Kent
Big news! After 8 years of exemplary service, @gauthamrao.bsky.social is stepping down as editor of @lawandhistrev.bsky.social. The ASLH seeks applications for the next editor. Great opportunity, though Gautham's shoes will be hard to fill.
Details here:
legalhistoryblog.blogspot.com/2025/08/law-...
Details here:
legalhistoryblog.blogspot.com/2025/08/law-...
August 7, 2025 at 1:37 PM
Big news! After 8 years of exemplary service, @gauthamrao.bsky.social is stepping down as editor of @lawandhistrev.bsky.social. The ASLH seeks applications for the next editor. Great opportunity, though Gautham's shoes will be hard to fill.
Details here:
legalhistoryblog.blogspot.com/2025/08/law-...
Details here:
legalhistoryblog.blogspot.com/2025/08/law-...
Reposted by Andrew Kent
Delighted to share my latest, History and Fetishism in the New Separation of Powers Formalism, now live in the Penn Law Review!
The piece traces the emergence of the Supreme Court’s new approach to separation of powers law and argues that it is grounded in a set of basic mistakes. (1/3)
The piece traces the emergence of the Supreme Court’s new approach to separation of powers law and argues that it is grounded in a set of basic mistakes. (1/3)
August 9, 2025 at 9:33 PM
Delighted to share my latest, History and Fetishism in the New Separation of Powers Formalism, now live in the Penn Law Review!
The piece traces the emergence of the Supreme Court’s new approach to separation of powers law and argues that it is grounded in a set of basic mistakes. (1/3)
The piece traces the emergence of the Supreme Court’s new approach to separation of powers law and argues that it is grounded in a set of basic mistakes. (1/3)
I've just posted "The Alien Enemies Act of 1798," a draft article doing a deep dive into all aspects of the statute and background law -- what it all meant in 1798. It defines "invasion" and "predatory incursion," among other provisions. papers.ssrn.com/sol3/papers....
The Alien Enemies Act of 1798
For the first time since World War II-and the first time ever outside a formally declared war-an American president has invoked the Alien Enemies Act to detain
papers.ssrn.com
August 8, 2025 at 2:02 PM
I've just posted "The Alien Enemies Act of 1798," a draft article doing a deep dive into all aspects of the statute and background law -- what it all meant in 1798. It defines "invasion" and "predatory incursion," among other provisions. papers.ssrn.com/sol3/papers....
Reposted by Andrew Kent
there's a nice (derogatory) confluence between the second trump administration's embrace of Redemption politics and its effort to engage in a Redemption-style rewriting of Jan 6 and associated recent history
Here is Pete Hegseth's tweet announcing the return of the Confederate monument to Arlington National Cemetery. The plan is to restore it and reinstall in 2027.
It's important to point out that this monument was never referred to as a "Reconciliation Monument."
It's important to point out that this monument was never referred to as a "Reconciliation Monument."
August 6, 2025 at 3:04 PM
there's a nice (derogatory) confluence between the second trump administration's embrace of Redemption politics and its effort to engage in a Redemption-style rewriting of Jan 6 and associated recent history
This is so awful. Life saving technology attacked by an addled loon, utterly unfit for his job
Kennedy Cancels Nearly $500 Million in mRNA Vaccine Contracts www.nytimes.com/2025/08/05/h...
Kennedy Cancels Nearly $500 Million in mRNA Vaccine Contracts www.nytimes.com/2025/08/05/h...
Kennedy Cancels Nearly $500 Million in mRNA Vaccine Contracts
www.nytimes.com
August 6, 2025 at 2:21 PM
This is so awful. Life saving technology attacked by an addled loon, utterly unfit for his job
Kennedy Cancels Nearly $500 Million in mRNA Vaccine Contracts www.nytimes.com/2025/08/05/h...
Kennedy Cancels Nearly $500 Million in mRNA Vaccine Contracts www.nytimes.com/2025/08/05/h...
Reposted by Andrew Kent
Finally a car that can make any hard right turn.
Grok AI to be available in Tesla vehicles next week, Musk says reut.rs/4ksb1WX
Grok AI to be available in Tesla vehicles next week, Musk says
Grok AI will be available in Tesla vehicles next week "at the latest", the EV maker's CEO, Elon Musk, said in a post on X on Thursday.
reut.rs
July 10, 2025 at 11:40 AM
Finally a car that can make any hard right turn.
At my kids' K-12 school, wokeness definitely coming from teachers and admin staff, not all of them, for sure. But those groups seem stronger generators of it than students, I think
Perhaps THE biggest misunderstanding about higher ed. And not only among conservatives, or even the political attuned!
The fundamental error in nearly every right-wing analysis of education—from Alito in Mahmoud on downwards—is that “wokeness” comes from teachers instead of peers.
July 6, 2025 at 9:55 PM
At my kids' K-12 school, wokeness definitely coming from teachers and admin staff, not all of them, for sure. But those groups seem stronger generators of it than students, I think
Reposted by Andrew Kent
strongly strongly strongly recommend
If you’d like to shake your head and just be satisfied that I must be mistaken, go ahead. But if you’d like to engage my reasoning more fully and then decide, I can recommend the book below, out this month from Harvard University Press:
bit.ly/44dJNPp
(7/7)(end)
bit.ly/44dJNPp
(7/7)(end)
The Oldest Constitutional Question — Harvard University Press
A groundbreaking challenge to a core principle of constitutional law, arguing that congressional action is not limited by the legislative branch’s textually enumerated powers.Every law student learns ...
bit.ly
June 28, 2025 at 5:13 PM
strongly strongly strongly recommend