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John H. Minan

See more on John H. Minan

Emeritus Professor of Law
University of San Diego School of Law





Columns
Title Category Published
Legal and political battles threaten Medicare drug price negotiation program Government, Health Care & Hospital Law Aug. 20, 2024
Project 2025: How a new plan could shape federal abortion prosecutions Constitutional Law, Government Aug. 1, 2024
Supreme Court decision weakens federal law against state public corruption Criminal, Government, U.S. Supreme Court Jul. 24, 2024
Trump's legal dance around classified documents likely to outlast 2024 election Criminal, Government Jun. 25, 2024
Trump’s mishandling of classified documents case mired in pretrial motions Criminal Apr. 11, 2024
Piercing the veil of the Trump Organization Civil Litigation Feb. 7, 2024
Shooting holes through the meaning of obstruction U.S. Supreme Court Jan. 9, 2024
Supreme Court should rule on Trump’s primary ballot removal U.S. Supreme Court Dec. 27, 2023
Medicare and pharma must agree on drug prices – or face penalties Government, Health Care & Hospital Law Nov. 2, 2023
U.S. Supreme Court needs to consider Trump’s eligibility Government, U.S. Supreme Court Oct. 2, 2023
Trump’s oath to support the Constitution may be his undoing Constitutional Law, Government Aug. 29, 2023
The First Amendment guarantee of free speech is tolerant of lying, but not criminal conspiracies Constitutional Law Aug. 11, 2023
Call it sexual abuse or rape, either way it was an ignominious use of power Criminal, Government Jul. 25, 2023
Trump’s temper and constant jabs are costing him Government, Torts/Personal Injury Jul. 20, 2023
Charges against Trump in classified documents case fall into three legal categories Criminal, Government Jun. 27, 2023
President should apply 14th Amendment to increase debt ceiling if deal isn't reached Constitutional Law, Government May 23, 2023
The mifepristone debate lacks standing, harm, and should frighten everyone Constitutional Law Apr. 25, 2023
The previously moot Comstock Act has been resurrected, giving new life to the anti-abortion movement Administrative/Regulatory, Government, Health Care & Hospital Law Apr. 18, 2023
The inherent tension between copyright protection and AI fair-use Intellectual Property, Technology Mar. 27, 2023
Do not pass go Government Mar. 8, 2023
Knowledge and recklessness to be put to the test - again Torts/Personal Injury, U.S. Supreme Court Feb. 23, 2023
Rule 11 and the art of deterring frivolous lawsuits Civil Litigation Feb. 3, 2023
Raising the federal debt ceiling has been the norm Government Jan. 19, 2023
"Moore" deference could lead to more gerrymandering Government, U.S. Supreme Court Dec. 7, 2022
The sun could set, keeping tax records in the dark Government, Tax Nov. 2, 2022
State legislatures could end up with electoral process control Government, U.S. Supreme Court Jul. 8, 2022
Brief paints clearest picture yet of culpability for January 6 riots Mar. 9, 2022
Ruling persuasively rejects Trump’s First Amendment protection claims Constitutional Law, Government Feb. 28, 2022
Critics argue Trump should be disqualified, but what’s the constitution say? Constitutional Law, Government Feb. 3, 2022
Times have changed, and so should MLB’s antitrust exemption Antitrust & Trade Reg., Entertainment & Sports Jan. 14, 2022
Bannon can’t hide behind executive privilege Constitutional Law, Government Oct. 25, 2021
Senate report could be bad news for Trump, former White House staff Government Oct. 13, 2021
Did lawyers in election suit abuse the judicial process? Ethics/Professional Responsibility, Government, Law Practice Sep. 9, 2021
Jan 6 investigation shouldn’t be shaped by claims of executive privilege Government Aug. 20, 2021
Congress has the power to shine a light on Trump taxes Government, Tax Aug. 6, 2021
Major 1st Amendment case pending before US high court California Supreme Court, Constitutional Law Jun. 2, 2021
Trump’s pardon didn’t end Roger Stone’s legal problems Criminal, Government, Tax Apr. 23, 2021
Quest to reform libel laws continues in recent dissent Civil Litigation, Constitutional Law Mar. 26, 2021
Manafort pardon doesn’t remove risk of civil forfeiture Criminal Mar. 11, 2021
Dominion’s $1B suit against Giuliani may expose truth Civil Litigation, Government Feb. 25, 2021
Private citizen Trump faces a number of criminal and civil challenges Civil Litigation, Criminal, Government Feb. 18, 2021
Claim that Senate lacks ability to hold a trial holds no water Government Feb. 8, 2021
Legal problems could mount with Trump out of White House Criminal, Government Jan. 21, 2021
Can the Senate try a president after he leaves office? Constitutional Law, Government Jan. 13, 2021
25th Amendment is not likely to provide a practical solution Constitutional Law, Government Jan. 11, 2021
A closer look at the constitutional limits of the president’s pardon power Constitutional Law, Government Dec. 22, 2020
Trump sued for violating the Presidential Public Records Act Government Dec. 9, 2020
Does the Constitution give the president the power to self-pardon? Constitutional Law, Government Nov. 30, 2020
Suits strongly argue NEPA final rule is ‘not in accordance with law’ Environmental & Energy Nov. 11, 2020
We shouldn’t appoint judges just because we can Government, Judges and Judiciary, U.S. Supreme Court Nov. 2, 2020
Court should deny motion to substitute DOJ in Trump case Government Oct. 27, 2020
Parties set for hearing on declassification of Mueller investigation Government Oct. 20, 2020
Emoluments case rejection weakens a constitutional guardrail Constitutional Law, Government Oct. 19, 2020
Arguments to dismiss Flynn complaint are not persuasive Criminal, Government Oct. 6, 2020
Special treatment in Trump tax case is unwarranted Criminal, Government, Tax Sep. 28, 2020
USPS ‘cost-cutting’ changes are arbitrary and capricious Government Aug. 25, 2020
Trump’s COVID-19 actions and the limits of executive power Constitutional Law, Government Aug. 19, 2020
Supreme Court will hear latest attack on ACA next term Health Care & Hospital Law, U.S. Supreme Court Aug. 13, 2020
Taxpayers are picking up Trump’s tab without knowing the bill Government Aug. 7, 2020
Members of DC Bar file ethics complaint against Barr Ethics/Professional Responsibility, Government Jul. 28, 2020
Supreme Court rulings exposed the ‘contingent election’ issue Constitutional Law, Government, U.S. Supreme Court Jul. 20, 2020
En banc hearing before full DC Circuit in Flynn case is warranted Criminal, Government Jul. 2, 2020
Donald Trump can’t ignore the Presidential Records Act Government Jun. 29, 2020
Controlling qualified immunity: Amend the Civil Rights Act Criminal, U.S. Supreme Court Jun. 18, 2020
Possible misuse of military as November approaches is cause for concern Jun. 10, 2020
When qualified immunity offends common sense Constitutional Law, Criminal, U.S. Supreme Court Jun. 3, 2020
Must private litigation against the president be suspended? Constitutional Law, Government, U.S. Supreme Court May 20, 2020
FARA is clear: disclose relationships with foreign principals Criminal, Government May 15, 2020
Supreme Court tossed a yellow warning flag in subpoena cases Constitutional Law, Government, U.S. Supreme Court May 12, 2020
States are lining up to challenge SAFE vehicle rules Administrative/Regulatory, Environmental & Energy, Government Apr. 29, 2020
Emoluments clause cases likely to land at Supreme Court Constitutional Law, Government, U.S. Supreme Court Apr. 15, 2020
Meaningful oversight of largest relief bill ever is essential Constitutional Law, Government Mar. 31, 2020
Public will have to wait longer to hear arguments in Trump cases Government, Tax, U.S. Supreme Court Mar. 19, 2020
In-camera review of Mueller report is what FOIA is for Constitutional Law, Government Mar. 16, 2020
Climate plaintiffs should have chance to argue at trial Environmental & Energy, U.S. Supreme Court Jan. 29, 2020
US Supreme Court to once again review Obamacare Health Care & Hospital Law, Tax, U.S. Supreme Court Jan. 9, 2020
DC Circuit to hear case that could impact impeachment Constitutional Law, Government Jan. 2, 2020
President Trump heads to the US Supreme Court, twice Constitutional Law, Government, U.S. Supreme Court Dec. 10, 2019
On ‘bribery’ Constitutional Law, Government Nov. 27, 2019
The Constitution and the impeachment power Constitutional Law, Government Nov. 15, 2019
Climate change lawsuit alleges violation of shareholder protection statute Corporate, Environmental & Energy Nov. 5, 2019
Judicial opinion responding to Congress-executive clash is essential Constitutional Law, Government Oct. 30, 2019
En banc circuit review or Supreme Court review likely in Trump tax dispute Constitutional Law, Government, Tax, U.S. Supreme Court Oct. 28, 2019
What if electors don’t vote according to the popular vote? Constitutional Law, U.S. Supreme Court Oct. 14, 2019
Freedom of the press and the White House press corps Constitutional Law, Government Sep. 11, 2019
Subpoenas: essential to effective functioning of the legislature Constitutional Law, Government Jun. 28, 2019
Ruling is first to consider ‘dual-sovereign’ doctrine’ in nearly 100 years Constitutional Law, Criminal, U.S. Supreme Court Jun. 24, 2019
Federal law is inadequate to address ‘deep fakes’ Government, U.S. Supreme Court Jun. 20, 2019
Will court’s allow Congress to investigate Trump taxes? Constitutional Law, Government, Tax Jun. 3, 2019
Ruling casts legal shadow on the release of grand jury materials Constitutional Law Apr. 10, 2019
Panel hears arguments over Trump tweets Constitutional Law, Government Mar. 27, 2019
Congress should clarify what constitutes an ‘emergency’ Constitutional Law, Government, Immigration Jan. 31, 2019
‘Children’s Crusade’ can continue Environmental & Energy, Government, Civil Litigation Jan. 24, 2019
Does Congress have the power to access Trump taxes? Constitutional Law, Government, Tax Jan. 18, 2019
Proposed WOTUS rule cannot simply ignore past findings Administrative/Regulatory, Environmental & Energy Jan. 14, 2019
If ruling stands, millions could lose health care coverage Administrative/Regulatory, Health Care & Hospital Law, U.S. Supreme Court Jan. 7, 2019
Presidential inability isn’t new, it just wasn’t public Constitutional Law, Government Dec. 31, 2018
The power to pardon Constitutional Law, Government Dec. 19, 2018
The scope of executive privilege Constitutional Law, Government, U.S. Supreme Court Dec. 12, 2018
Appointment of Whitaker raises a tangled web of legal, ethical issues Constitutional Law, Government, U.S. Supreme Court Nov. 13, 2018
Justices brushed aside legitimate concerns in online sales tax case Tax, U.S. Supreme Court Nov. 6, 2018
High court has chance to weigh ‘separate sovereign’ doctrine Constitutional Law, Criminal, U.S. Supreme Court Oct. 26, 2018
With SORNA, Congress chose to avoid difficult questions Constitutional Law, Criminal, U.S. Supreme Court Oct. 17, 2018
Would legal challenges to tariff policy have a chance? Antitrust & Trade Reg., Constitutional Law, Government, International Law Oct. 11, 2018
Judge says plaintiffs have standing in emoluments case against Trump Constitutional Law, Government Oct. 2, 2018
Steel tariff suit challenges delegation of legislative power Sep. 24, 2018
Foreign emoluments lawsuit presents standing questions Constitutional Law, Government Sep. 13, 2018
Emoluments suit helps Congress discharge its duty Constitutional Law, Government Sep. 5, 2018
First test for emoluments clauses of the Constitution Constitutional Law, Government Aug. 8, 2018
Will the justices weigh in on pot? May 6, 2015
Title Category Published
Legal and political battles threaten Medicare drug price negotiation program Government, Health Care & Hospital Law Aug. 20, 2024
Project 2025: How a new plan could shape federal abortion prosecutions Constitutional Law, Government Aug. 1, 2024
Supreme Court decision weakens federal law against state public corruption Criminal, Government, U.S. Supreme Court Jul. 24, 2024
Trump's legal dance around classified documents likely to outlast 2024 election Criminal, Government Jun. 25, 2024
Trump’s mishandling of classified documents case mired in pretrial motions Criminal Apr. 11, 2024
Piercing the veil of the Trump Organization Civil Litigation Feb. 7, 2024
Shooting holes through the meaning of obstruction U.S. Supreme Court Jan. 9, 2024
Supreme Court should rule on Trump’s primary ballot removal U.S. Supreme Court Dec. 27, 2023
Medicare and pharma must agree on drug prices – or face penalties Government, Health Care & Hospital Law Nov. 2, 2023
U.S. Supreme Court needs to consider Trump’s eligibility Government, U.S. Supreme Court Oct. 2, 2023
Trump’s oath to support the Constitution may be his undoing Constitutional Law, Government Aug. 29, 2023
The First Amendment guarantee of free speech is tolerant of lying, but not criminal conspiracies Constitutional Law Aug. 11, 2023
Call it sexual abuse or rape, either way it was an ignominious use of power Criminal, Government Jul. 25, 2023
Trump’s temper and constant jabs are costing him Government, Torts/Personal Injury Jul. 20, 2023
Charges against Trump in classified documents case fall into three legal categories Criminal, Government Jun. 27, 2023
President should apply 14th Amendment to increase debt ceiling if deal isn't reached Constitutional Law, Government May 23, 2023
The mifepristone debate lacks standing, harm, and should frighten everyone Constitutional Law Apr. 25, 2023
The previously moot Comstock Act has been resurrected, giving new life to the anti-abortion movement Administrative/Regulatory, Government, Health Care & Hospital Law Apr. 18, 2023
The inherent tension between copyright protection and AI fair-use Intellectual Property, Technology Mar. 27, 2023
Do not pass go Government Mar. 8, 2023
Knowledge and recklessness to be put to the test - again Torts/Personal Injury, U.S. Supreme Court Feb. 23, 2023
Rule 11 and the art of deterring frivolous lawsuits Civil Litigation Feb. 3, 2023
Raising the federal debt ceiling has been the norm Government Jan. 19, 2023
"Moore" deference could lead to more gerrymandering Government, U.S. Supreme Court Dec. 7, 2022
The sun could set, keeping tax records in the dark Government, Tax Nov. 2, 2022
State legislatures could end up with electoral process control Government, U.S. Supreme Court Jul. 8, 2022
Brief paints clearest picture yet of culpability for January 6 riots Mar. 9, 2022
Ruling persuasively rejects Trump’s First Amendment protection claims Constitutional Law, Government Feb. 28, 2022
Critics argue Trump should be disqualified, but what’s the constitution say? Constitutional Law, Government Feb. 3, 2022
Times have changed, and so should MLB’s antitrust exemption Antitrust & Trade Reg., Entertainment & Sports Jan. 14, 2022
Bannon can’t hide behind executive privilege Constitutional Law, Government Oct. 25, 2021
Senate report could be bad news for Trump, former White House staff Government Oct. 13, 2021
Did lawyers in election suit abuse the judicial process? Ethics/Professional Responsibility, Government, Law Practice Sep. 9, 2021
Jan 6 investigation shouldn’t be shaped by claims of executive privilege Government Aug. 20, 2021
Congress has the power to shine a light on Trump taxes Government, Tax Aug. 6, 2021
Major 1st Amendment case pending before US high court California Supreme Court, Constitutional Law Jun. 2, 2021
Trump’s pardon didn’t end Roger Stone’s legal problems Criminal, Government, Tax Apr. 23, 2021
Quest to reform libel laws continues in recent dissent Civil Litigation, Constitutional Law Mar. 26, 2021
Manafort pardon doesn’t remove risk of civil forfeiture Criminal Mar. 11, 2021
Dominion’s $1B suit against Giuliani may expose truth Civil Litigation, Government Feb. 25, 2021
Private citizen Trump faces a number of criminal and civil challenges Civil Litigation, Criminal, Government Feb. 18, 2021
Claim that Senate lacks ability to hold a trial holds no water Government Feb. 8, 2021
Legal problems could mount with Trump out of White House Criminal, Government Jan. 21, 2021
Can the Senate try a president after he leaves office? Constitutional Law, Government Jan. 13, 2021
25th Amendment is not likely to provide a practical solution Constitutional Law, Government Jan. 11, 2021
A closer look at the constitutional limits of the president’s pardon power Constitutional Law, Government Dec. 22, 2020
Trump sued for violating the Presidential Public Records Act Government Dec. 9, 2020
Does the Constitution give the president the power to self-pardon? Constitutional Law, Government Nov. 30, 2020
Suits strongly argue NEPA final rule is ‘not in accordance with law’ Environmental & Energy Nov. 11, 2020
We shouldn’t appoint judges just because we can Government, Judges and Judiciary, U.S. Supreme Court Nov. 2, 2020
Court should deny motion to substitute DOJ in Trump case Government Oct. 27, 2020
Parties set for hearing on declassification of Mueller investigation Government Oct. 20, 2020
Emoluments case rejection weakens a constitutional guardrail Constitutional Law, Government Oct. 19, 2020
Arguments to dismiss Flynn complaint are not persuasive Criminal, Government Oct. 6, 2020
Special treatment in Trump tax case is unwarranted Criminal, Government, Tax Sep. 28, 2020
USPS ‘cost-cutting’ changes are arbitrary and capricious Government Aug. 25, 2020
Trump’s COVID-19 actions and the limits of executive power Constitutional Law, Government Aug. 19, 2020
Supreme Court will hear latest attack on ACA next term Health Care & Hospital Law, U.S. Supreme Court Aug. 13, 2020
Taxpayers are picking up Trump’s tab without knowing the bill Government Aug. 7, 2020
Members of DC Bar file ethics complaint against Barr Ethics/Professional Responsibility, Government Jul. 28, 2020
Supreme Court rulings exposed the ‘contingent election’ issue Constitutional Law, Government, U.S. Supreme Court Jul. 20, 2020
En banc hearing before full DC Circuit in Flynn case is warranted Criminal, Government Jul. 2, 2020
Donald Trump can’t ignore the Presidential Records Act Government Jun. 29, 2020
Controlling qualified immunity: Amend the Civil Rights Act Criminal, U.S. Supreme Court Jun. 18, 2020
Possible misuse of military as November approaches is cause for concern Jun. 10, 2020
When qualified immunity offends common sense Constitutional Law, Criminal, U.S. Supreme Court Jun. 3, 2020
Must private litigation against the president be suspended? Constitutional Law, Government, U.S. Supreme Court May 20, 2020
FARA is clear: disclose relationships with foreign principals Criminal, Government May 15, 2020
Supreme Court tossed a yellow warning flag in subpoena cases Constitutional Law, Government, U.S. Supreme Court May 12, 2020
States are lining up to challenge SAFE vehicle rules Administrative/Regulatory, Environmental & Energy, Government Apr. 29, 2020
Emoluments clause cases likely to land at Supreme Court Constitutional Law, Government, U.S. Supreme Court Apr. 15, 2020
Meaningful oversight of largest relief bill ever is essential Constitutional Law, Government Mar. 31, 2020
Public will have to wait longer to hear arguments in Trump cases Government, Tax, U.S. Supreme Court Mar. 19, 2020
In-camera review of Mueller report is what FOIA is for Constitutional Law, Government Mar. 16, 2020
Climate plaintiffs should have chance to argue at trial Environmental & Energy, U.S. Supreme Court Jan. 29, 2020
US Supreme Court to once again review Obamacare Health Care & Hospital Law, Tax, U.S. Supreme Court Jan. 9, 2020
DC Circuit to hear case that could impact impeachment Constitutional Law, Government Jan. 2, 2020
President Trump heads to the US Supreme Court, twice Constitutional Law, Government, U.S. Supreme Court Dec. 10, 2019
On ‘bribery’ Constitutional Law, Government Nov. 27, 2019
The Constitution and the impeachment power Constitutional Law, Government Nov. 15, 2019
Climate change lawsuit alleges violation of shareholder protection statute Corporate, Environmental & Energy Nov. 5, 2019
Judicial opinion responding to Congress-executive clash is essential Constitutional Law, Government Oct. 30, 2019
En banc circuit review or Supreme Court review likely in Trump tax dispute Constitutional Law, Government, Tax, U.S. Supreme Court Oct. 28, 2019
What if electors don’t vote according to the popular vote? Constitutional Law, U.S. Supreme Court Oct. 14, 2019
Freedom of the press and the White House press corps Constitutional Law, Government Sep. 11, 2019
Subpoenas: essential to effective functioning of the legislature Constitutional Law, Government Jun. 28, 2019
Ruling is first to consider ‘dual-sovereign’ doctrine’ in nearly 100 years Constitutional Law, Criminal, U.S. Supreme Court Jun. 24, 2019
Federal law is inadequate to address ‘deep fakes’ Government, U.S. Supreme Court Jun. 20, 2019
Will court’s allow Congress to investigate Trump taxes? Constitutional Law, Government, Tax Jun. 3, 2019
Ruling casts legal shadow on the release of grand jury materials Constitutional Law Apr. 10, 2019
Panel hears arguments over Trump tweets Constitutional Law, Government Mar. 27, 2019
Congress should clarify what constitutes an ‘emergency’ Constitutional Law, Government, Immigration Jan. 31, 2019
‘Children’s Crusade’ can continue Environmental & Energy, Government, Civil Litigation Jan. 24, 2019
Does Congress have the power to access Trump taxes? Constitutional Law, Government, Tax Jan. 18, 2019
Proposed WOTUS rule cannot simply ignore past findings Administrative/Regulatory, Environmental & Energy Jan. 14, 2019
If ruling stands, millions could lose health care coverage Administrative/Regulatory, Health Care & Hospital Law, U.S. Supreme Court Jan. 7, 2019
Presidential inability isn’t new, it just wasn’t public Constitutional Law, Government Dec. 31, 2018
The power to pardon Constitutional Law, Government Dec. 19, 2018
The scope of executive privilege Constitutional Law, Government, U.S. Supreme Court Dec. 12, 2018
Appointment of Whitaker raises a tangled web of legal, ethical issues Constitutional Law, Government, U.S. Supreme Court Nov. 13, 2018
Justices brushed aside legitimate concerns in online sales tax case Tax, U.S. Supreme Court Nov. 6, 2018
High court has chance to weigh ‘separate sovereign’ doctrine Constitutional Law, Criminal, U.S. Supreme Court Oct. 26, 2018
With SORNA, Congress chose to avoid difficult questions Constitutional Law, Criminal, U.S. Supreme Court Oct. 17, 2018
Would legal challenges to tariff policy have a chance? Antitrust & Trade Reg., Constitutional Law, Government, International Law Oct. 11, 2018
Judge says plaintiffs have standing in emoluments case against Trump Constitutional Law, Government Oct. 2, 2018
Steel tariff suit challenges delegation of legislative power Sep. 24, 2018
Foreign emoluments lawsuit presents standing questions Constitutional Law, Government Sep. 13, 2018
Emoluments suit helps Congress discharge its duty Constitutional Law, Government Sep. 5, 2018
First test for emoluments clauses of the Constitution Constitutional Law, Government Aug. 8, 2018
Will the justices weigh in on pot? May 6, 2015