Stephen Miller's Dream
Plus: Trump's big parade, Elon Musk makes amends, Zohran Mamdani gains, and more...
Donald Trump
Trump's Threats Against Musk and Newsom Reflect an Authoritarian Intolerance of Dissent
Even if the president was joking in both cases, he already has used his powers to punish people whose views offend him.
Federal Circuit Grants Government's Motion for Stay Pending Appeal in Our Tariff Case
It's disappointing. But the court will hear the case on the merits on an expedited basis, and we have a strong case.
Laura Powell: Who's Most To Blame for the Latest L.A. Riots?
Attorney Laura Powell of Californians for Good Governance joins the show to discuss the civil unrest in Los Angeles following federal immigration raids.
Gavin Newsom Defends Federalism Against Trump's Unilateral National Guard Deployment
In a federal lawsuit, California's governor argues that the president's assertion of control over "the State's militia" is illegal and unconstitutional.
The Tom Cotton Do-Over
Trump and the right are living out their fantasies of rewriting the awful summer of 2020.
3 Supreme Court Cases To Watch in June 2025
Plus: The glorious return of drive-in movie season.
My New UnPopulist Article on Synergies Between Litigation and Political Action in Resisting Trump
The article describes how the two can be mutually reinforcing, building on lessons from previous episodes in constitutional history.
Fake Immigration Crisis Triggers Actual Violence
Are outdated laws ripe for abuse? A listener asks whether it's time to sunset certain old laws.
DOJ Brings Kilmar Abrego Garcia Back to the U.S. After Insisting It Couldn't
The Department of Justice brought the deported Salvadoran back to U.S. soil for trial, reversing its long-held contention that he would "never" return.
Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to John Yoo
Yoo's criticisms are off the mark, for a variety of reasons. But, tellingly, he actually agrees Trump's IEEPA tariffs are illegal, merely disagreeing with the court's reasons for reaching that conclusion.
Terry Moran Insulted Stephen Miller? That's None of the Government's Business.
Karoline Leavitt's threat against ABC News is an attack on free speech.
Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to Jack Goldsmith
The CIT ruling is much stronger than Prof. Goldsmith contends. The same is true of a related ruling by federal District Court Judge Rudolph Contreras.
ICE, the LA Protests, and Trump's Domestic Use of the Military
Trump's domestic use of the military to counter anti-deportation protests in LA is so far very limited. But that could change. A big part of the root of the problem is the lawless behavior of federal immigation-enforcement agencies.
As American as Due Process
Those accused of wrongdoing have the right to challenge the evidence against them before the government takes away their liberty.
The Nondelegation Case Against Trump's Massive New Travel Ban
Trump v. Hawaii may block a challenge based on unconstitutional discrimination. But it does not preclude a nondelegation case. Other recent developments may actually bolster that approach.
How Tariffs Are Breaking the Manufacturing Industries Trump Says He Wants To Protect
Most imports to the U.S. are raw materials, intermediate parts, or equipment—the stuff that manufacturing firms need to make things.
Kilmar Abrego Garcia Back in the United States
The Trump Administration returned the illegally deported migrant from imprisonment in El Salvador after repeatedly claiming they could not do so.
The Latest Escalation Between Russia and Ukraine Isn't Changing the Course of the War
Neither Russia nor Ukraine has a clear path to victory. The Ukrainian drone attack last week and the Russian air raids on Friday don't change that.
This Small Business Is in Limbo As Owner Sues To Stop Trump's Tariffs
Next week could be a pivotal one, as a federal appeals court could decide whether to restore an injunction against Trump's tariffs.
A Runner Was Prosecuted for Unapproved Trail Use After the Referring Agency Called It 'Overcriminalization'
The case against Michelino Sunseri exemplifies the injustice caused by the proliferation of regulatory crimes—the target of a recent presidential order.
The Legal Battle Over the Motion to Stay the Decision Against Trump's Tariffs
This crucial procedural issue is now before the US Court of Appeals for the Federal Circuit. Its resolution will determine whether the tariffs are immediately suspended, or get to continue so long as the case is stil being litigated.
Why Can't Elon Musk and Donald Trump Both Win?
In a petty, public war of words, Trump threatens to cut off federal support to Musk's companies after the billionaire attacked his deficit-busting budget bill.
Another Divorce for Trump
Plus: A cynical take on Zohran Mamdani, Florida's drinking water threatened, and more...
A Federal Judge Orders Relief for Alleged Gang Members Deported and Imprisoned Without Due Process
Without such intervention, he warns, the government "could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action."
No, Trade With China Did Not Kill the U.S. Economy
A new comprehensive review finds the negative effects of trade with China have been significantly exaggerated.
The Gattaca Future Is Here
Plus: Trump's travel ban, NYC mayor candidate cites bad stats on child hunger, and more...
Overruling Trump's Tariffs Should Be an Easy Decision for SCOTUS
Plus: A love letter to the heavy metal band Slayer.
Trump's Massively Cruel New Travel Ban
He has banned nearly all new immigration and other entry by citizens of twelve countries, and imposed severe restrictions on seven more.
Morning Consult Poll Indicates Judicial Invalidation of Trump's Tariffs is Popular
The poll finds 55% approve and only 30% disapprove of the recent ruling against his IEEPA tariffs.
Correcting Some Media Misconceptions About Libertarianism, Trade, and Immigration [updated with apology/acknowledgement of error by Elie Mystal]
Media coverage of our tariff case has mostly been fair and accurate. But there are a few examples of unfortunate misconceptions, mainly having to do with libertarianism and its relationship to conservatism.
Michael McConnell on the Tariff Cases and their Significance
A leading conservative legal scholar explains why striking down Trump's IEEPA tariffs is vital to protecting the separation of powers.
Belated Republican Objections to the One Big Beautiful Bill Glide Over Its Blatant Fiscal Irresponsibility
House members who discovered objectionable elements only after voting for the package nevertheless underline the unseemly haste of the legislative process.
Schumer Attacks Trump for Repeating Obama's Iran Diplomacy
Democrats keep trying to out-hawk Republicans, even though the mood in America has shifted toward diplomacy.
Trump's Haste Begets Lawlessness
The president treats legal constraints as inconveniences that can be overridden by executive fiat.
Trump Cut Funds From Wasteful Projects To Spend on Wasteful Statue Garden
Even when the administration has cut from seemingly obvious sources, Trump has redirected federal spending toward sources closer to his heart.
Compendium of Writings About the Trump Tariff Case [Updated]
Links to my writings about our case against Trump's "Liberation Day" Tariffs and related issues.
The Tariff Downturn
Plus: Drilling in the Alaskan wilderness, Harvard tries "wastefulness" argument, Stephen Miller tells on himself, and more...
These 4 Industries Successfully Lobbied Trump for Tariff Exemptions
Trump's trade war has created a carve-out bonanza for industries with political connections and big lobbying budgets.
Our Fifth Circuit Alien Enemies Act Amicus Brief
The brief was filed on behalf of the Brennan Center, the Cato Institute, law-of-war scholar Prof. John Dehn, and myself.
Artificial Intelligence Is Making Everything Weird
Plus: A listener asks if the "big beautiful bill" will decrease the deficit.
Trump's Attack on the Federalist Society Is a Bad Omen for Originalism
The MAGA loyalty that Trump demands is anathema to everything that originalism is supposed to be about.
Welcoming Anti-Trump Liberals to the Free Trade Club
The real case for free trade is not "my enemies hate it" or "it's cheaper for me, personally" but "it makes the world richer, freer, and more peaceful."
How Trump's Tariffs and Immigration Policies Could Make Housing Even More Expensive
Out-of-control housing costs helped Trump win the 2024 election. Is he about to make the problem worse?
Hub and UnPopulist Podcasts About the Tariff Case
The podcasts cover the case and its relationship to the more general problem of abuse of emergency powers.
Bob Menendez Does Not Deserve a Pardon
The disgraced former Democratic senator was convicted of accepting almost $1 million in bribes in exchange for, among other things, favors benefiting foreign governments.
DOGE's Newly Listed 'Regulatory Savings' for Businesses Have Nothing to Do With Cutting Federal Spending
DOGE says regulatory changes will save $29.4 billion, but that does not amount to a reduction in government outlays, the initiative's ostensible target.
Trump Wants $25 Million To Settle His Meritless 60 Minutes Lawsuit
In a legal filing this week, Trump argued that routine edits to a CBS News interview he did not participate in caused him "confusion and mental anguish."
