Advisory Opinions Did Congress Stretch the Commerce Clause Too Far? | Interview: Jonathan Karl
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Nov 18, 2025 
Jonathan Karl, a veteran political journalist and author of 'Retribution,' dives into the intricate web of Donald Trump's legal troubles and their implications for the 2024 campaign. He discusses how the New York hush-money case set a provocative tone for public perception. Karl also touches on the pace of DOJ investigations and shares insights on Trump's contentious decision to pardon January 6 participants. Through engaging anecdotes, he illustrates the dramatic fallout from these legal battles and their significant political ramifications.
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Cars As Instrumentalities Expand Federal Reach
- The 11th Circuit majority treated automobiles as per se instrumentalities of interstate commerce for federal kidnapping jurisdiction.
- That categorical rule risks converting nearly every in-state crime involving a car into federal jurisdiction.
Bad Vehicle To Rein In Commerce Doctrine
- David French doubts the Supreme Court will use the Arbery vehicle facts to curtail the instrumentality category.
- He argues cars are paradigmatic instrumentalities and a poor vehicle to force doctrinal change.
Concerns Over Felon-In-Possession's Commerce Basis
- Judge Willett questioned whether 18 U.S.C. 922(g)(1) fits any Lopez category and flagged aggregation problems.
- He suggested felon-in-possession is local and non-economic, making Commerce Clause justification weak.
