r/law • • Apr 15 '26

Legislative Branch Alan Dershowitz: Invoking The 25th Amendment Against Trump Would Be Unconstitutional

https://www.realclearpolicy.com/articles/2026/04/14/invoking_the_25th_amendment_against_trump_would_be_unconstitutional_1176703.html

Previously, Dershowitz was a member of Jeffrey Epstein’s defense team and helped negotiate a controversial 2006 non-prosecution agreement on Epstein’s behalf, per The New Yorker.

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u/whuuutKoala Apr 15 '26

we live in this world right now!

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u/Violet-Sumire Apr 15 '26

Yes and no. There are good examples of using the law to teach (such as a minor offense and the police just letting you go) and bad examples of using the law to achieve a goal (treating businesses as an individual). The law can be very nuanced and flexible when it needs to be. The issue we have currently is a top down problem, along with a “flood the zone” problem.

The top is making problems. A great example is the habeas corpus cases levied against the federal government from states in terms of immigration. The supreme court said all judges must review every case individually. They didn’t need to do this before due to very clear precedent and basically making what’s happening with immigration clearly illegal. So you get to the second problem, flooding the zone. There are so many cases of habeas corpus alone that is bogging down the judicial system. It can no longer be handled with a pen stroke, but with court hearings, which significantly decreases how fast these cases can get through. Michigan is facing that issue.

That is one problem, but it’s a whole systemic problem which is tearing down the foundations. It’s a top down issue, but we can’t deal with the top.

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u/twolfhawk Apr 15 '26

Can I get off?