Jack Goldsmith
@jacklgoldsmith.bsky.social
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/
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....
papers.ssrn.com/sol3/papers....
August 4, 2025 at 8:28 PM
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....
papers.ssrn.com/sol3/papers....
A recent tribute by me to the much-missed Bill Stuntz: "Citizen of Heaven and Harvard: A Remembrance of Bill Stuntz." papers.ssrn.com/sol3/papers....
April 17, 2025 at 1:24 AM
A recent tribute by me to the much-missed Bill Stuntz: "Citizen of Heaven and Harvard: A Remembrance of Bill Stuntz." papers.ssrn.com/sol3/papers....
Outstanding paper on how Trump team is "asserting unilateral authority to condition, delay, cancel, or otherwise disrupt federal obligations and expenditures without regard to longstanding legal understandings and norms." Learned a lot. papers.ssrn.com/sol3/papers....
April 5, 2025 at 12:19 PM
Outstanding paper on how Trump team is "asserting unilateral authority to condition, delay, cancel, or otherwise disrupt federal obligations and expenditures without regard to longstanding legal understandings and norms." Learned a lot. papers.ssrn.com/sol3/papers....
My effort at a very simple primer on emergency orders and why they will be so important in Trump 2.0. Part II later this week. open.substack.com/pub/executiv...
March 5, 2025 at 1:27 PM
My effort at a very simple primer on emergency orders and why they will be so important in Trump 2.0. Part II later this week. open.substack.com/pub/executiv...
Executive Functions Roundup: CFPB lives, Rubio bypasses Congress, new GTMO lawsuit, and commentary by Bauer, Somin, Vermeule, Adler, and Blackman. Sign up to receive by email here. docs.google.com/forms/d/e/1F...
open.substack.com/pub/executiv... open.substack.com/pub/executiv...
open.substack.com/pub/executiv... open.substack.com/pub/executiv...
March 3, 2025 at 6:16 PM
Executive Functions Roundup: CFPB lives, Rubio bypasses Congress, new GTMO lawsuit, and commentary by Bauer, Somin, Vermeule, Adler, and Blackman. Sign up to receive by email here. docs.google.com/forms/d/e/1F...
open.substack.com/pub/executiv... open.substack.com/pub/executiv...
open.substack.com/pub/executiv... open.substack.com/pub/executiv...
A new paper: The Presidency After Trump v. United States. papers.ssrn.com/sol3/papers..... Forthcoming, Supreme Court Review.
Comments welcome.
Comments welcome.
March 3, 2025 at 2:14 PM
A new paper: The Presidency After Trump v. United States. papers.ssrn.com/sol3/papers..... Forthcoming, Supreme Court Review.
Comments welcome.
Comments welcome.
The Court held that plaintiffs lacked standing to challenge the Biden administration’s alleged non-compliance with a statutory duty to enforce certain federal immigration laws. Justice Alito did not like this ruling. In his dissent he said:
March 2, 2025 at 5:22 PM
The Court held that plaintiffs lacked standing to challenge the Biden administration’s alleged non-compliance with a statutory duty to enforce certain federal immigration laws. Justice Alito did not like this ruling. In his dissent he said:
Very timely piece by
@chris_d_moore
explaining "administrative stays" and how and why they are often abused today by district courts reviewing Trump administration actions. "So-Called “Administrative Stays” in Trump 2.0" papers.ssrn.com/sol3/papers....
@chris_d_moore
explaining "administrative stays" and how and why they are often abused today by district courts reviewing Trump administration actions. "So-Called “Administrative Stays” in Trump 2.0" papers.ssrn.com/sol3/papers....
February 27, 2025 at 11:38 AM
Very timely piece by
@chris_d_moore
explaining "administrative stays" and how and why they are often abused today by district courts reviewing Trump administration actions. "So-Called “Administrative Stays” in Trump 2.0" papers.ssrn.com/sol3/papers....
@chris_d_moore
explaining "administrative stays" and how and why they are often abused today by district courts reviewing Trump administration actions. "So-Called “Administrative Stays” in Trump 2.0" papers.ssrn.com/sol3/papers....
Morning Roundup
open.substack.com/pub/executiv...
open.substack.com/pub/executiv...
February 24, 2025 at 1:31 PM
Morning Roundup
open.substack.com/pub/executiv...
open.substack.com/pub/executiv...
A useful daily roundup with links of executive power primary documents, news, and commentary. open.substack.com/pub/executiv...
February 20, 2025 at 1:15 PM
A useful daily roundup with links of executive power primary documents, news, and commentary. open.substack.com/pub/executiv...
And here is my high-level take on the slew of Trump executive orders coming today: "The Trump 2.0 Executive Orders Will Take Time to Sort Out" open.substack.com/pub/executiv...
January 20, 2025 at 1:28 PM
And here is my high-level take on the slew of Trump executive orders coming today: "The Trump 2.0 Executive Orders Will Take Time to Sort Out" open.substack.com/pub/executiv...
A reminder, from the January 21, 2009, that headline-grabbing Inauguration-day executive orders do not always work out. Some announced changes are quickly realized, some are slow and grinding, and some are never realized.
January 17, 2025 at 1:07 PM
A reminder, from the January 21, 2009, that headline-grabbing Inauguration-day executive orders do not always work out. Some announced changes are quickly realized, some are slow and grinding, and some are never realized.
In assessing DOGE & related schemes for private sector assistance in govt initiatives, I've focused on FACA and special govt employees (executivefunctions.substack.com/p/billionair...), but a third v relevant law is Anti-Deficiency Act's ban on federal govt accepting voluntary services. 31 USC 1342
January 14, 2025 at 12:03 PM
In assessing DOGE & related schemes for private sector assistance in govt initiatives, I've focused on FACA and special govt employees (executivefunctions.substack.com/p/billionair...), but a third v relevant law is Anti-Deficiency Act's ban on federal govt accepting voluntary services. 31 USC 1342
This was hard and involved many people. Thanks to co-editors, past editors, colleagues, research assistants, and student users.
December 30, 2024 at 9:11 PM
This was hard and involved many people. Thanks to co-editors, past editors, colleagues, research assistants, and student users.
n DT TikTok brief, SG-to-be John Sauer, in first filing after nomination, publicly kisses the ring and diminishes his credibility before the Court even before assuming Office. The first of many self-defeating actions that will plague the Trump 2.0 DOJ. supremecourt.gov/DocketPDF/24/2
December 28, 2024 at 12:54 PM
n DT TikTok brief, SG-to-be John Sauer, in first filing after nomination, publicly kisses the ring and diminishes his credibility before the Court even before assuming Office. The first of many self-defeating actions that will plague the Trump 2.0 DOJ. supremecourt.gov/DocketPDF/24/2
Another thing that warrants more attention: What @jodyfreeman.bsky.social and Sharon Jacobs call "structural deregulation" -- incapacitating agencies by defunding, understaffing, delegitimating, etc. executivefunctions.substack.com/p/what-to-ex...
December 19, 2024 at 3:58 PM
Another thing that warrants more attention: What @jodyfreeman.bsky.social and Sharon Jacobs call "structural deregulation" -- incapacitating agencies by defunding, understaffing, delegitimating, etc. executivefunctions.substack.com/p/what-to-ex...
One thing that warrants more attention -- an effort to change conflict of interest norms. executivefunctions.substack.com/p/what-to-ex...
December 19, 2024 at 3:56 PM
One thing that warrants more attention -- an effort to change conflict of interest norms. executivefunctions.substack.com/p/what-to-ex...
22/ But as Bauer and I wrote in 2020 in “After Trump”:
December 1, 2024 at 6:44 PM
22/ But as Bauer and I wrote in 2020 in “After Trump”:
1/ It’s going to be a wild ride for executive power during Trump 2.0. Here is a quick list of important issues where executive power is likely to be pushed hard, rethought, resisted, and/or, when possible, litigated. What am I missing?
November 24, 2024 at 7:02 PM
1/ It’s going to be a wild ride for executive power during Trump 2.0. Here is a quick list of important issues where executive power is likely to be pushed hard, rethought, resisted, and/or, when possible, litigated. What am I missing?
This thoughtful piece by Bob Bauer reminds me of what I wrote in "After Trump" in the Fall of 2020 -- before J6, before the classified documents imbroglio, before the Smith indictments. www.lawfaremedia.org/article/did-...
November 17, 2024 at 12:48 PM
This thoughtful piece by Bob Bauer reminds me of what I wrote in "After Trump" in the Fall of 2020 -- before J6, before the classified documents imbroglio, before the Smith indictments. www.lawfaremedia.org/article/did-...
Trump says the Dep’t of Gov’t Efficiency (DOGE) "will provide advice and guidance from outside of Government.” DOGE will thus be a Federal Advisory Committee, 5 USC App. 3, and subject to transparency and recordkeeping requirements, see 5 USC App. 10. Should be fun to behold.
November 16, 2024 at 10:25 PM
Trump says the Dep’t of Gov’t Efficiency (DOGE) "will provide advice and guidance from outside of Government.” DOGE will thus be a Federal Advisory Committee, 5 USC App. 3, and subject to transparency and recordkeeping requirements, see 5 USC App. 10. Should be fun to behold.