William Baude (University of Chicago Law School) has posted Abuse of Power in the Second Trump Administration (23 University of St. Thomas Law Journal, forthcoming 2026) on SSRN. Here is the abstract:
The law firm orders are not the most unconstitutional thing the Trump administration has done to date. But they are emblematic of a constitutional problem frequently raised by the Second Trump Administration: the use—and abuse—of a broad range of powers to reward the friends and punish the enemies of the regime. While courts may not be able to stop many of these abuses, that does not mean they are constitutional.
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