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Jack Goldsmith

@jacklgoldsmith.bsky.social

11K followers 37 following 210 posts

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/

jackgoldsmith.org

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Jack Goldsmith @jacklgoldsmith.bsky.social · Aug 4

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....

Jack Goldsmith @jacklgoldsmith.bsky.social · Jun 19

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

Jack Goldsmith @jacklgoldsmith.bsky.social · Jun 18

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

Jack Goldsmith @jacklgoldsmith.bsky.social · Jun 16

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

Jack Goldsmith @jacklgoldsmith.bsky.social · Jun 13

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

Jack Goldsmith @jacklgoldsmith.bsky.social · Jun 10

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...

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

Jack Goldsmith @jacklgoldsmith.bsky.social · Jun 9

Bob Bauer and I discuss legal and other issues related to POTUS National Guard Memo and troops in LA.
open.substack.com/pub/executiv...

Troops in Los Angeles

The legal authorities and possible trajectory of the deployment

open.substack.com

Jack Goldsmith @jacklgoldsmith.bsky.social · Jun 9

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

Jack Goldsmith @jacklgoldsmith.bsky.social · Jun 5

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

Jack Goldsmith @jacklgoldsmith.bsky.social · Jun 2

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

Jack Goldsmith @jacklgoldsmith.bsky.social · May 30

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

Jack Goldsmith @jacklgoldsmith.bsky.social · May 23

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

Reposted by Jack Goldsmith

Executive Functions @execfunctions.bsky.social · May 20

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

Jack Goldsmith @jacklgoldsmith.bsky.social · May 16

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

Jamal Greene @jamalgreene.bsky.social · May 16

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."

Jack Goldsmith @jacklgoldsmith.bsky.social · May 16

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

Jack Goldsmith @jacklgoldsmith.bsky.social · May 13

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

Jack Goldsmith @jacklgoldsmith.bsky.social · May 12

My take on the Stephen Miller habeas troll.
open.substack.com/pub/executiv...

Trolling About Habeas Corpus

On the aims of disruption through provocation

open.substack.com

Jack Goldsmith @jacklgoldsmith.bsky.social · May 8

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

Jack Goldsmith @jacklgoldsmith.bsky.social · May 8

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

Jack Goldsmith @jacklgoldsmith.bsky.social · May 5

Bob Bauer and I discuss my oped this morning in NYT (www.nytimes.com/2025/05/05/o...)

open.substack.com/pub/executiv...

Runaway Presidencies

We break down Jack's op-ed in the New York Times.

open.substack.com

Reposted by Jack Goldsmith

Executive Functions @execfunctions.bsky.social · May 2

Read today's Executive Functions Roundup, featuring a ruling on the merits of Trump's Alien Enemies Act deportations, a new government application in the Supreme Court, commentary from @chrisgeidner.bsky.social and @ilyasomin.bsky.social, and more. executivefunctions.substack.com/p/executive-...

Executive Functions Roundup

executivefunctions.substack.com

Jack Goldsmith @jacklgoldsmith.bsky.social · Apr 29

Executive Functions is hiring a paid full- or part-time executive editor position starting this spring/summer.
open.substack.com/pub/executiv...

Executive Functions Is Hiring!

A paid full- or part-time executive editor position starting this spring/summer

open.substack.com

Jack Goldsmith @jacklgoldsmith.bsky.social · Apr 25

Bob Bauer and I discuss the firing of Bill Burck, Harvard’s lead counsel, from his position as outside ethics advisor of the Trump Organization, and other developments in the Harvard-USG case. open.substack.com/pub/executiv...

Trump Organization Fires a Key Player in the Harvard Case

What does this mean for the negotiations?

open.substack.com

Reposted by Jack Goldsmith

Executive Functions @execfunctions.bsky.social · Apr 24

Read today's Executive Functions Roundup, featuring an order to return another individual deported under the AEA, commentary from @stevevladeck.bsky.social, @tphillips.bsky.social, John Bessler, and William Galston, and more. executivefunctions.substack.com/p/executive-...

Executive Functions Roundup

executivefunctions.substack.com