Eugene Kontorovich

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Latest from Eugene Kontorovich

Israel anti-boycott bill does not violate free speech

The ACLU's hysterical broadside against the bill contradicts decades of precedent and practice.

July 27, 2017

Canada corrects its ‘Made in Israel’ policy. Now it is time for the U.S. to do the same.

Canada witnessed a tempest in a wine bottle this week over the labeling of wines from Israeli settlements. Canada's decision to repeal its very short-lived ban on "Made in Israel" labels for such goods should give impetus to the Trump administration to reexamine its labeling policy, a legacy of the Clinton and Obama eras.

July 17, 2017

New Foreign Emoluments Clause lawsuits against Trump are up against history and standing

The new lawsuit raising Foreign Emoluments challenges to President Trump's business suffers from the same standing challenges as other such attention-grabbing lawsuits.

June 15, 2017

Trump’s travel tweets do not hurt the legal case for his executive orders

Nothing in the ill-tempered tweets reveals any hint of anti-Muslim bigotry, which is the essence of the case against his immigration policies. Indeed, by distancing him from the current executive order, he may actually help defend it in court.

June 5, 2017

States’ ‘Climate Alliance’ raises questions about the Constitution’s interstate compacts clause

The "alliance" of states seeking to pursue their own ersatz Paris agreement raises interesting questions about the interstate commerce clause.

June 2, 2017

The U.S. can’t quit the Paris climate agreement, because it never actually joined

The Paris agreement has features that prevent it from being labeled an executive agreement that the president can conclude without the Senate. Indeed, the real American exceptionalism related to the treaty is Obama's not seeking domestic legislative approval, as other countries did.

June 1, 2017

Trump’s trouble in justifying a waiver of Jerusalem Embassy Act

If he waives moving the embassy because of peace-process reasons, he defies federal law. If he issues a waiver for national security grounds, he undermines the peace process.

May 31, 2017

What Trump not signing a Jerusalem embassy waiver would really mean

Trump can fulfill his campaign promise to Israel regarding the embassy without lifting a finger.

May 30, 2017

George Washington was the first president to stay in the real estate business

As president, Washington not only supervised his real estate business, but also contacted foreigners with government ties to help him. This sheds some light on arguments that the Trump Organization's hotel business violates the Constitution's foreign emoluments clause.

April 14, 2017

Federal judge advances lawsuit challenging academic group’s Israel boycott

The American Studies Association had adopted a boycott of Israel, and a legal challenge to that move has just been advanced in federal court.

April 3, 2017