Is Court Packing Inevitable If Democrats Retake Congress and the White House?
Plus: a few words about The Odyssey
Congress
Supreme Court Begins Answering Lingering Questions About Constitutional Constraints on Gun Control
After upholding the Second Amendment rights of drug users and carry permit holders, the justices will address the constitutionality of "assault weapon" bans.
Here Are Some Ways SCOTUS Can Constrain Federal Agencies That Are Now Subject to Trump's Untrammeled Control
The Supreme Court has "no shortage of tools" to enforce the separation of powers, Justice Neil Gorsuch notes. "The only real question is whether we will use them."
Marjorie Taylor Greene: 'You're Not Being Represented!'
Marjorie Taylor Greene discusses the future of the Republican Party, the resurgence of democratic socialism, and why the political establishment always wins
Clarence Thomas Explains Why the Commerce Clause Cannot Justify Federal Bans on Gun Possession
Even under the Supreme Court's highly elastic understanding of that clause, Thomas says, such laws do not qualify as regulation of interstate commerce.
Two Senators Offer a Bipartisan Solution to Censorship by Proxy
The JAWBONE Act would let Americans sue government officials who try to restrict their speech by pressuring social media platforms, broadcasters, or AI companies.
A DOJ Brief Preposterously Insists That Trump's 'Anti-Weaponization Fund' Was Politically Neutral
The president himself has repeatedly contradicted that claim.
Bill Introduced in Congress To Codify the First Amendment Right To Film the Feds and Sue for Violations
Civil liberties groups say recording the police is core First Amendment activity. The Right to Record Act of 2026 would create a right to sue federal officers who violate it.
Even If Trump's Ballroom Project Is Illegal, a DOJ Lawyer Says, the Courts Cannot Stop It
The D.C. Circuit is reviewing an injunction issued by a judge who said "no statute comes close to giving the President the authority he claims to have."
The Debate Over Israel Aid Is Coming. Congress Wants To Future-Proof the Relationship First.
The Israeli government is willing to phase out U.S. financial grants. But Mike Rogers and Tom Cotton want to lock in other forms of aid—without a debate in Congress.
Add It to the Tab
Plus: Graham Platner scandal, L.A. can't get all their votes counted, Gowanus rezoned, and more...
How Do You Define Ceasefire?
Plus: Lunchtime bullying, the decline of H-1B visas, orgy mating, and more...
Trump Is Reportedly Reconsidering His Politically and Legally Contentious 'Anti-Weaponization Fund'
The Justice Department signals a retreat from defending the blatantly corrupt scheme, which provoked vigorous objections from Republican lawmakers.
Republicans Shrug at Trump's Outrageous Corruption
Any self-styled advocate for limited government should be furious about Trump's $1.8 billion slush fund, but few Republicans are willing to denounce it.
250 Years Later, Benjamin Franklin's Warning Is Still Relevant
He famously said the Founders had created "a republic, if you can keep it." How have we kept it? And can we continue?
In Gerrymandering Fight, Democracy Is Losing
In this recent round, Republicans are entirely to blame. In the new MAGA-fied GOP, winning is everything, and there's no quarter given for concepts such as fairness.
SCOTUS Term Limits May Be a Good Idea. But They Still Require a Constitutional Amendment.
Lifetime tenure for federal judges has been the constitutional practice since ratification.
House Transportation Bill Eliminates Obscure Rule That Effectively Bans Driverless Trucks
This year's surface transportation reauthorization would eliminate a requirement that human drivers place safety placards around disabled trucks.
The Federal Government Tried To Spy on Your Financial Transactions. A Texas Court Just Said No.
The ruling is a victory not just for one Texas title company, but for the principle that agencies like FinCEN can only do what Congress actually authorized.
How Much Has the Iran War Actually Cost? A Lot More Than $25 Billion.
Direct military costs have exceeded $70 billion by one estimate, and Americans have paid more than $37 billion in higher energy costs since the war began.
Did the Media Miss the Eric Swalwell Story?
Seems weird no one reported on the numerous sexual misconduct allegations in 2020.
Congress Declines Again To Rein in Trump's Iran War
Republicans can’t decide whether the war is too early to stop, too late to stop, or nonexistent in the first place.
Trump Says He's Willing To 'Risk' Your Rights for His Surveillance Powers
The president once said he wanted to kill warrantless electronic spying. So much for that.
Ro Khanna: Congress Has Surrendered on War
The California congressman discusses the Iran war, unchecked executive power, California’s wealth tax debate, and the search for a shared American identity.
Trump's Call for a $1.5 Trillion Military Budget Is Irresponsible, Wasteful, and Unrealistic
The proposal is "an enormous waste of taxpayer dollars and would make Americans less, not more, safe." Thankfully, Congress is unlikely to adopt it.
AI Relies on Data Centers. Bernie Sanders and AOC Want To Freeze Their Construction.
This heavy-handed legislation would harm Americans, not protect them.
Additional Testimony Against the Proposed "Preserving a Sharia-Free America Act"
I submitted some additional testimony to a House subcommittee, in response to questions from Rep. Mary Gay Scanlon.
Donald Trump and Markwayne Mullin Insist That Politics Should Prevail Over Principle
The president and his new DHS secretary are enraged by jurists and legislators who refuse to toe the party line.
A War by Any Other Name
From Korea to Iran, the United States has employed countless euphemisms that not only obscure the true nature of its wars but also the constitutional limits designed to constrain them.
Roscoe Conkling, the Political Boss Who Twice Declined a Supreme Court Appointment
The Republican stalwart thought he could wield more power from the Senate than he ever could from the Supreme Court.
Department of Homeland Security
Markwayne Mullin's History of Condoning Murder and Resisting Transparency Makes Him Ill-Suited To Run DHS
The Oklahoma senator, nominated to replace Kristi Noem, is blasé about the use of deadly force.
Congress' Housing Bill Goes From Small Supply Booster to Housing Killer
The Senate's proposed inclusion of an effective ban on build-to-rent housing in a bipartisan housing bill could significantly shrink new home production.
Senate Punts on Iran War Powers as Ground War Grows More Likely
Lawmakers are refusing to acknowledge what is increasingly looking like a big, long war.
My New Dispatch Article on "Why Donald Trump's Iran War is Unconstitutional"
The article explains why the war requires congressional authorization,and why this requirement is important.
A Few Republicans Think War With Iran Is a Bad Idea
"I mean, look, America is a republic, not an empire," Rep. Warren Davidson said on Monday. It's time for Congress to act like it.
An Unconstitutional War
Trump's attack on Iran is obviously unconstitutional. The moral and policy issues are a closer call.
Why Don't Democratic Leaders Want To Vote on the Iran War?
A war powers resolution has been stuck in Congress—and Democrats are reportedly happy to let Trump walk into a quagmire.
ICE Whistleblower Says Training Is 'Deficient, Defective, and Broken'
An attorney and former ICE training instructor testified before Congress that changes to the training program “can and will get people killed.”
Trump's Blatantly Unconstitutional Attempt To Punish His Congressional Critics Hits 2 Roadblocks
A grand jury and a federal judge rejected the president’s vendetta against legislators who produced a video about the duty to refuse unlawful military orders.
A Federal Judge Explains Why Trump Can't Jail Legislators for Producing a Video That Offended Him
U.S. District Judge Richard Leon notes that Sen. Mark Kelly's comments about unlawful military orders were "unquestionably protected" by the First Amendment.
Thawing ICE
Plus: Courts block ending temporary protected status for Haitians and preventing lawmakers from entering ICE facilities, an end to government shutdown expected, and more…
Trump Taps Kevin Warsh To Lead Fed
Plus: Shutdown averted? Pixar's NIMBY robot beavers, Amazon goes big on AI, and Trump wants to prop up home prices.
The Insurrection Act, Which Trump Keeps Threatening To Invoke, Is Alarmingly Vague and Broad
The antiquated statute arguably allows the president to deploy the military in response to nearly any form of domestic disorder.
Refusing To Let Trump Deploy the National Guard in Chicago, SCOTUS Adds a New Wrinkle To the Debate
The justices suggested the president is misinterpreting "the regular forces," a key phrase in the statute on which he is relying.
Hegseth Won't Let Us See a Video That Might Undermine Support for Trump's Bloodthirsty Anti-Drug Strategy
The defense secretary claims the video, which shows a second strike that killed two floundering survivors, would compromise "sources and methods."
Obamacare Subsidies Can't Fix a Broken System. Rand Paul's Bill Could.
The Senate failed to pass a three-year extension on tax credits for the Affordable Care Act. But the only thing keeping it at all "affordable" was a flood of taxpayer money to conceal its true expense.
Congress Gives the Military $8 Billion More Than It Asked for
The version of the NDAA passed by the House is larger than the administration’s budget request.
Mike Johnson Wanted Congress To Reclaim Power Over Tariffs—in 2019
Now, under Johnson's leadership, the House has changed its rules to make it even harder for lawmakers to signal their opposition to Trump's tariffs.
