


Much has been written about President Trump’s press conference in the wake of Learning Resources. The Wall Street Journal Editorial Board charged that the “rant in response to his tariff defeat at the Court was arguably the worst moment of his Presidency.” Ed Whelan said the speech was “stupid and vile.” I quite deliberately waited […]

NA Within hours of the Supreme Court’s decision striking down his massive IEEPA tariffs in our case challenging them, Donald Trump issued an executive proclamation invoking Section 122 of the Trade Act of 1974 to impose 10% global tariffs, and then upped the rate to 15%. Prominent conservative legal commentator Andrew McCarthy has an insightful […]

I realize I am unorthodox. I avoid commenting on a Supreme Court opinion till I’ve read the entire thing from front to back. I find the experience far more rewarding. I also avoid reading takes by people who almost certainly did not read the entire decision, or perhaps just skimmed the syllabus. Of course, the […]

Yesterday’s Supreme Court decision rejecting President Trump’s use of the International Emergency Economic Policy Act (IEEPA) to impose tariffs is styled Learning Resources v. Trump. But why? The tariff case was actually two cases. Learning Resources, which had been filed in a federal district court, and Trump v. V.O.S. Selections, which was filed in the Court of […]

Justice Gorsuch’s concurrence in Learning Resources v. Trump is something of a Godfather-esque settling of family business. He challenges and critiques all of his colleagues (save for the Chief) and brings receipts. As one would expect, his opinion draws tart responses from other justices (which could explain why it took so long for the Court to […]

After the Supreme Court ruled (correctly) that the International Emergency Economic Powers Act (IEEPA) does not authorize the imposition of tariffs, President Trump issued remarks on the decision. It was quite something. Here are some excerpts form the transcript: The Supreme Court’s ruling on tariffs is deeply disappointing, and I’m ashamed of certain members of […]

Trump announces his “Liberation Day” tariffs. April 2025. (CNP/AdMedia/Newscom) The Atlantic just published my article (gift link) about the tariff ruling decided by the Supreme Court yesterday, in which I was co-counsel for the plaintiffs in one of the three cases before the justices. The article covers many issues raised by the case, including major questions, […]

The “Safe House” List: Your Instant Guide to Financial Fortitude For the impatient investor seeking immediate clarity before the deep dive, here is the executive summary of the most powerful, battle-tested strategies to hedge your portfolio against chaos in 2026. The Inflation-Crusher: Treasury Inflation-Protected Securities (TIPS) Ladder The Hook: Guaranteed purchasing power protection that rises […]

From yesterday’s decision by Judge Kirk Sherriff (E.D. Cal.) in Johnson v. Fliger (for more on an earlier phase of the case, see here): Plaintiff Daymon Johnson, a professor of history at Bakersfield College, brings this pre-enforcement challenge seeking injunctive and declaratory relief to preclude officials of Bakersfield College and the Kern Community College District […]

Executive Summary The management of Cboe Volatility Index (VIX) options represents one of the most sophisticated and perilous frontiers in modern financial risk management. Unlike standard equity options, which derive their value from a tangible asset with a spot price that can be arbitraged—such as a stock or an ETF—VIX options are derivatives of a […]