The Tariff Case—A Lost Opportunity
Learning Resources v. Trump was a lost opportunity to begin the process of nudging Congress back into its constitutional cage.
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Justice Thomas gives Rob his 41st SCOTUS citation
Supreme Court justices have relied on Rob’s research 41 times since 2013, one of the highest numbers of any legal scholar.
Justice Thomas gives Rob his 41st SCOTUS citation Read More »
Rob Garners 40th Supreme Court Citation
Supreme Court justices have cited Rob Natelson’s research articles by name 40 times.
Rob Garners 40th Supreme Court Citation Read More »
The Constitution and the Trump Tariffs
This originally was a two part essay appearing in the Epoch Times on November 19 and November 20, 2025. Are tariffs always taxes? When does
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Restoring the Constitution’s Presidency: Modifying Myers and Overruling Humphrey’s Executor
Myers and Humphrey’s Executor untethered the presidency from the Constitution.
Why the Supreme Court Should Overrule the Same-Sex Marriage Decision
Shortly after the ruling, I wrote that Obergefell might be the Supreme Court’s “most radical decision ever.” A decade later, that assessment seems correct.
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Why Issues of Birthright Citizenship Are So Difficult
What makes this issue so difficult is that all the major positions have evidence to support them.
Why Issues of Birthright Citizenship Are So Difficult Read More »
Rob Natelson reviews the recent Supreme Court term with Jon Caldara
Rob Natelson reviews the recent Supreme Court term with Jon Caldara at this link.
Rob Natelson reviews the recent Supreme Court term with Jon Caldara Read More »
Unpacking the Supreme Court’s ‘Universal Injunction’ Decision
The court found that the statute granting courts power to grant injunctions did not include universal injunctions.
Unpacking the Supreme Court’s ‘Universal Injunction’ Decision Read More »
Understanding the Supreme Court’s Case on Transgender Treatment for Children
Skrmetti was one of several cases this year in which the court’s decision protected children.
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Implied Powers in the Constitution
The Founding-era doctrine of implied powers has been misunderstood during the modern era. Result have been an over-estimate of congressional power and confusion about the President’s authority.
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How the Supreme Court Went Wrong in the ‘Ghost Gun’ Case
It appears the court was trying to update the statute. But updating federal statutes is not the job of appointed-for-life judges. It is a job for democratically-elected members of Congress.
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