Joshua Claybourn
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Joshua Claybourn
@joshuaclaybourn.bsky.social
Historian · Hoosier · Adjunct Scholar at Cato · Leading atty in IP and gov’t law · Expert on Lincoln’s Indiana years · חוזר בתשובה
Reposted by Joshua Claybourn
Trump: "When 97% of the stories are bad about a person, that's no longer free speech."
September 19, 2025 at 9:02 PM
Reposted by Joshua Claybourn
This month, the Supreme Court set oral argument to hear the legal challenges to President Trump's IEEPA tariffs for the first week of November. @joshuaclaybourn.bsky.social examines the legal obligation of the U.S. government to refund tariffs collected, if SCOTUS finds them to be unlawful.
Recovering Unlawfully Imposed Tariffs: Navigating Refunds of IEEPA Duties
Importers can recover unlawfully collected IEEPA tariffs, but only if they follow strict refund procedures.
www.lawfaremedia.org
September 17, 2025 at 2:49 PM
On Feb 27, 1933, fire consumed Germany’s parliament building, the Reichstag. The Nazis blamed communists and warned of a revolution. Exploiting fear, Adolf Hitler persuaded President Hindenburg to issue the Reichstag Fire Decree, which suspended civil liberties and allowed arrests without trial.
September 15, 2025 at 11:55 PM
Reposted by Joshua Claybourn
As we celebrate #Juneteenth today, take a moment to check out this exhibit from the National Archives that explores the connection between the Emancipation Proclamation and Juneteenth. visit.archives.gov/whats-on/exp...
The Emancipation Proclamation and Juneteenth
Milestones in the long struggle for American freedom Emancipation Proclamation
visit.archives.gov
June 19, 2025 at 2:12 PM
Today the NY Times provides an excellent profile on the biggest separation of powers issue in several generations and our influential brief in the litigation.
June 3, 2025 at 1:02 AM
Reposted by Joshua Claybourn
Trump administration lawyers are arguing that the Library of Congress doesn’t belong to Congress — the latest move to erase the traditional lines that separate the branches of government.
It’s called the Library of Congress. But Trump claims it’s his.
The case is the latest example of efforts by the Trump administration to erase the traditional lines that separate the branches of government.
wapo.st
May 31, 2025 at 3:28 PM
My latest op-ed in the NYT.
May 31, 2025 at 1:11 PM
Knicks vs. Hicks: Let Us Praise Old-Fashioned Contempt www.nytimes.com/2025/05/25/o...
Opinion | Knicks vs. Hicks: Let Us Praise Old-Fashioned Contempt
www.nytimes.com
May 25, 2025 at 10:58 AM
Reposted by Joshua Claybourn
Bipartisan group of prominent legal scholars & former govt officials file amicus brief supporting Liberty Justice Center
and my case challenging Trump's tariffs. Steve Calabresi (Federalist Society co-founder), Richard Epstein, Harold Koh, and many more: reason.com/volokh/2025/...
Bipartisan Group of Prominent Legal Scholars and Former Government Officials Files Amicus Brief Supporting Our Case Challenging Trump's "Liberation Day" Tariffs
A bipartisan group of prominent legal scholars and former government officials have filed an amicus brief supporting the lawsuit against Donald Trump's
reason.com
April 23, 2025 at 8:54 PM
I’m proud to have organized and co-authored this amici brief.
The legal challenges to Trump's tariffs create some REALLY strange bedfellows, as I noted the other day when I pointed to the people who signed this amicus.

There are challenges from Koch & Leonard Leo funded groups, and from Dem AGs.
May 13, 2025 at 2:11 AM
Reposted by Joshua Claybourn
Today Harvard Is the Target. Tomorrow It Could Be Your Church. Or Wikipedia:
Today Harvard Is the Target. Tomorrow It Could Be Your Church.
Conservatives like me once instinctively understood that expanding government power — even briefly — invites harm. Yet recent attempts by
dnyuz.com
May 9, 2025 at 2:17 PM
Reposted by Joshua Claybourn
Today Harvard Is the Target. Tomorrow It Could Be Your Church. www.nytimes.com/2025/05/09/o...
Opinion | Today Harvard Is the Target. Tomorrow It Could Be Your Church.
www.nytimes.com
May 9, 2025 at 5:15 PM
Reposted by Joshua Claybourn
“If the executive branch can threaten Wikipedia and universities today, what would stop a leftist administration from targeting churches and synagogues tomorrow?” writes Joshua Claybourn.
Opinion | Trump’s Tax Threats Against Harvard Set a Dangerous Precedent
A weaponized tax code could backfire on conservatives.
www.nytimes.com
May 9, 2025 at 12:39 PM
I organized a broad coalition of leaders—including former U.S. Senators, retired federal judges, a retired U.S. Attorney General, and preeminent constitutional scholars—in filing an amici brief supporting a lawsuit challenging Trump's tariffs. 🧵
April 27, 2025 at 1:48 PM
Reposted by Joshua Claybourn
New from me at Cato: a new Trump White House memorandum exposes lawyers who oppose the federal government in court to crippling sanctions to be decided on by the feds themselves, not by courts. And few law firms have protested. The hour grows late for a basic element of constitutional liberty. /1
Lawyers Who Anger the Feds Face New Penalties by Decree
A new memorandum from the Trump administration opens lawyers who oppose the federal government in court to new peremptory and damaging sanctions decided on by the federal government itself, not by cou...
www.cato.org
March 24, 2025 at 8:15 PM
bsky.app/profile/ala1... A great new follow!
bsky.app
March 25, 2025 at 1:28 AM
Reposted by Joshua Claybourn
Republicans snuck a provision into the rule for the CR that would preemptively surrender congressional authority to block tariffs.

When House Republicans vote for this rule today, they will also be voting to support Trump's tariffs and all the resulting damage to the US economy
March 11, 2025 at 3:28 PM
Reposted by Joshua Claybourn
When I first studied economics I wondered why people didn't march in the streets for free trade, it was such a good cause. There's still time.
March 11, 2025 at 1:26 PM
Reposted by Joshua Claybourn
The Fulbright program is required by law. It’s literally named after the senator that passed the bill.
Just got an email from the Fulbright Association. As of right now, funding has been cut off to 12,500 US citizens currently abroad and and more than 7,400 foreigner scholars and students in the United States
March 8, 2025 at 12:21 PM
Reposted by Joshua Claybourn
Being able to drop a quarterly US GDP prediction by 5.1% from +2.3% to -2.8% in a single week is one of the most impressive economic developments in the history of the world.
March 4, 2025 at 9:02 AM
Reposted by Joshua Claybourn
For those of you following Trump's tariffs, I've created a tariff tracker for Institute of Geoeconomics (IOG) that tracks their usage, statutory authority, timeline, and scope...hope this can be a resource (and of course let me know if I've missed anything or gotten anything wrong!)
Tariff Tracker: A Guide to Tariff Authorities and their Uses | Institute of Geoeconomics(IOG) by Asia Pacific Initiative, International House of Japan
instituteofgeoeconomics.org
March 4, 2025 at 2:25 AM
Reposted by Joshua Claybourn
Firing all of the JAGs (Judge Advocates General)—the top lawyers in each service branch—is just as bad as, if not worse than, firing (most of) the Joint Chiefs.
February 22, 2025 at 1:23 AM
Reposted by Joshua Claybourn
A quick search of Cotton’s accounts show that the first time he posted a single word critical of USAID was 5 days ago, despite serving in the Senate for 10 years and the House before that.
February 11, 2025 at 4:25 PM