Political News and Views

June 10, 2025

A Constitutiional Crisis in Real Time: Lessons from the Past, Warnings for the Future*

Introduction

The post referenced below is an adapted excerpt from “The ‘Seizure of Power’ 2025: An Historical Reflection,” authored by Professor Matthew W. Finkin, Research Professor of Law at the University of Illinois at Urbana-Champaign. Originally delivered as a comprehensive lecture at Mander Hall in London on March 18, 2025, this version has been condensed and selectively edited for publication by Justia Verdict, where it appeared on June 5, 2025 .

In this incisive analysis, Professor Finkin draws a compelling historical parallel between actions undertaken by President Trump in 2025 and the early methods of consolidation used by the National Socialist regime in 1933. He examines significant developments such as the purging of civil servants, the creation of loyalty-driven structures like the Office of Government Efficiency (DOGE), and mounting judicial and institutional threats to underscore the risks surrounding democratic erosion in what he terms a possible “seizure of power.”

April 27, 2025

Dualist Democracy and the Trump Administration–Judicial Authority in Extraordinary Times

by David Badertscher

This posting consists of commentary on Roger Citron’s article, Judge Wilkinson’s Dualist Opinion in Abrego Garcio v. Noem: Judicial Review of Executive Action in a Transformative Time, amplified with information from additional sources related to Bruce Ackerman’s theory of the United States as a dualist democracy.

In his article, Roger Citron revisits Bruce Ackerman’s theory of the United States as a dualist democracy, presenting a timely analysis of how this framework sheds light on current constitutional tensions. Through a close reading of Judge J. Harvie Wilkinson III’s opinion in Abrego Garcia v. Noem, Citron suggests we may be witnessing an effort at higher lawmaking—a constitutional transformation driven not just by legal arguments, but by political and public realignment.

Ackerman’s concept of dualist democracy, introduced in We the People: Foundations, distinguishes between two modes of governance (Bruce Ackerman, We the People: Foundations 6–8 (1991),

April 10, 2025

Trump Signs Executive Order Targeting Law Firm Susmann Godfrey, DOJ Bans it’s Attorneys From Participating in ABA Events, and More

by David Badertscher

April 10, 2025

From The Legal File by Reuters Legal.

The rundown on the top legal news of the day.

March 29, 2025

Tariffs as an Emergency Power?

by David Badertscher

From VERDICT, Legal Analysis and Commentary from Justia, 27 March 2025.

SUMMARY:

NYU Law Professor Samuel Estreicher and JD candidate Andrew Babbitt analyze President Trump’s use of the International Emergency Economic Powers Act (IEEPA) during his second administration to impose and threaten tariffs on several countries. They highlight how this approach bypasses the usual legislative and procedural processes required for implementing tariffs. According to Estreicher and Babbitt, this tactic marks an unprecedented and legally questionable expansion of executive authority—one that sidesteps congressional intent and oversight and raises significant constitutional concerns about the broad, unchecked use of the IEEPA.

February 14, 2025

NewsBriefs and Summaries from NJSBA, February 14, 2025

by David Badertscher

These News Briefs and Decision Summaries are from the the New Jersey State Bar Association. They are an exclusive benefit of the Association in partnership with the New Jersey Law Journal. A subscription may be necessary to access the full text of some of the items listed

NEWS BRIEFS:

After Costco Digs in Its Heels on DEI, What Could Go Wrong?

January 26, 2025

Reactions to Trumps First Days as a Second Term President: Perspectives from the Right and Left

by David Badertscher

President Donald Trump’s second term began with a whirlwind of executive actions, sparking sharply divided reactions from the left and right. While Trump’s policies focused on immigration, energy, federal employment, and high-profile pardons, the responses have highlighted ideological divides:

The Right’s Perspective:

Many on the right criticized Trump’s sweeping pardons for January 6 rioters, with outlets like National Review calling it a mistake that undermines law and order.