I have now finished reading Trump v. Mazars. That case was the most unsatisfying constitutional law decision I have read in some time. It sort of abruptly ended, without any real resolution of the specific questions presented. Moreover, the Court adopted a balancing test of the worst sort. Justice Thomas aptly describes the majority’s analysis: “a nonexhaustive four-factor test of uncertain origin.” Truly Mazar‘s maze. This case will create endless confusion, long after Trump is out of office. The only winner here was the Judiciary. Both the Executive and Congress suffered a decisive loss.
I will have more to say about the case in due course. I’ve edited the case for the Barnett/Blackman supplement. If you’d like a copy, please e-mail me (josh-at-joshblackman.com).