James Burnham Profile picture
"well-known conservative attorney" - NYT. Managing Partner at King Street Legal and President at Vallecito Capital. Former @WhiteHouse @TheJusticeDept @DOGE
3 subscribers
Sep 4 8 tweets 3 min read
As others have noted, @AGPamBondi, SG Sauer, and @TheJusticeDept sought certiorari today in the Supreme Court on tariffs and seek a quick argument and resolution. Want to quickly flag a few of their arguments. 1/ Image First, they emphasize the gravity of trying to unscramble the tariff egg at this point. Enjoining the tariffs would upend a complex, global framework of intricate trade agreements with untold potential consequences. 2/ Image
Sep 4 15 tweets 5 min read
Some lower court judges seems determined to burn down the village in order to save it, seemingly oblivious that destroying vertical stare decisis will destroy the judiciary generally. Lets review the latest missive in lower court judges' war on the Supreme Court. 1/ First, the basics. The Constitution creates only one court--the Supreme Court. It authorizes Congress to create "inferior courts," but does not mandate them. And the judicial power of these subordinate courts is entirely subordinate to the Supreme Court's. 2/ Image
Aug 27 13 tweets 4 min read
BREAKING: @AGPamBondi and SG John Sauer have filed an emergency application in the Supreme Court regarding their huge win in the USAID impoundment case, which we discussed previously.  This is a big deal, as I'll explain. 1/ Image First a point of privilege.  Having lived this case in the early days of @DOGE---with then-Acting SG Sarah Harris and many others---I really appreciate how the SG's Office frames the issue. 2/ Image
Aug 25 8 tweets 2 min read
Some more thoughts from me on this decision in CNN, focused on Justice Gorsuch's separate writing. I also want to respond to a point @steve_vladeck makes in the article. 1/ Image Vladeck claims it is unreasonable to expect district judges to follow the Supreme Court's emergency orders because those orders are sometimes issued without supporting analysis or with little supporting analysis. I totally disagree. 2/ Image
Aug 21 17 tweets 5 min read
Another win for @TheJusticeDept before the Supreme Court--this time on whether district courts can enjoin the termination of grants that conflict with the Administration's anti-DEI policies. Lots of interesting opinions, worth a brief discussion. 1/ First, the ruling is correct and consistent with previous orders the Court has issued on the emergency docket. As we've discussed before, people who claim the government owes them money have to go to a special court to sue for money. They can't get TROs or injunctions. 2/
Aug 18 17 tweets 5 min read
Lets talk (again) about two tiers of justice.  On Friday a judge enjoined the @FTC from investigating Media Matters, finding the investigation likely violates the First Amendment.  This isn't just immunity from prosecution; it's immunity from *investigation.*  Unpacked below. 1/ Image This case arises from the notorious advertiser boycott of online platforms.  It's easy to forget, but not long ago many companies refused to advertise on platforms--in particular, @X--unless those platforms suppressed, eg, conservative speech or true information about Covid.  2/ Image
Aug 13 16 tweets 4 min read
The D.C. Circuit released a significant opinion today in one of the earliest major @DOGE cases--the litigation over the reduction of USAID. It's another big legal win for @realDonaldTrump and @DOGE. It also has broader implications, as I'll explain. 1/ Image To recap, there were two major challenges to the winddown of USAID--one regarding terminated employees, the other regarding terminated grants and contracts. Both have now resolved largely in the Administration's favor. 2/
Aug 8 10 tweets 3 min read
Another emergency filing in the Supreme Court last night by @TheJusticeDept, this time because a district court has commandeered immigration enforcement in Los Angeles. There are multiple serious issues here, and emergency relief seems proper. 1/ Image To set the stage: ICE Agents need "reasonable suspicion" that a person is here illegally before they can stop the person for immigration-enforcement purposes. That is a low bar. Basically is it reasonable under the circumstances to suspect someone is an illegal alien? 2/
Aug 1 9 tweets 2 min read
On the heels of DC attempting to disbar @JeffClarkUS, a dark money group has escalated further--filing bar complaints against little-known lawyers who defend the Administration in court. This is a frontal assault on the Executive Branch. It must be defeated at all costs. 1/ Image Lets set the stage. First, the subjects of the complaints are the political appointee who has my old job--Deputy Assistant AG for Federal Programs, in @TheJusticeDept parlance--and two career lawyers. These are not high profile people accustomed to harassment. 2/
Jul 21 10 tweets 3 min read
The district judges in New Jersey are thinking about replacing @realdonaldtrump’s chosen US Attorney—@USAttyHabba—with someone the judges choose under a statute purporting to give them that power. But if the judges attempt that move, it should fail. Here’s why. 1/ Image First the basics. Article II vests all executive power in the President. That includes the prosecution power of U.S. Attorneys. For @POTUS to properly exercise that power, he must be able to freely hire and fire all subordinates who wield it. 2/
Jul 18 11 tweets 3 min read
The @WSJopinion has an editorial today arguing three basic things: (1) Emil Bove is a poor judicial nominee, (2) his nomination will stop other judges from retiring, (3) other Trump nominees are better and will induce more retirements. I broadly disagree. 1/ Image First, as I have written elsewhere, Emil Bove is a strong nominee right down the fairway of @realdonaldtrump’s long track record of excellent appointments. He has strong credentials and is a senior official @TheJusticeDept in the Administration. Straightforward pick. 2/ Image
Jul 16 6 tweets 1 min read
This is an important and creative suit by @USDOJ asserting @realdonaldtrump's constitutional authority over the Executive Branch. Here's why. 1/ The President removed the Board Members of the Corporation for Public Broadcasting—the infamous funding vehicle for @NPR and @PBS.  These Board Members—as other terminated federal officials have done—sued the President to hold onto their offices.  But importantly, they lost..  2/