Washington Outsider Report Podcast Interview on the Trump Tariff Litigation
I was interviewed by attorney/podcaster Irina Tsukerman.
Month: April 2025
Cato/FIRE Amicus Brief Against Speech-Based Deportations of Foreign Students
The brief gives a good explanation of why such actions violate the First Amendment.
The Arizona Supreme Court Requires Future Lost Income Restitution for a Child Murder Victim
When a murderer kills a victim, including a child, the murderer has directly and immediately eliminated the victim's ability to earn income. The only remaining issue is to reasonably estimate the size of that loss.
Emergency Application Filed With Circuit Justice Jackson Seeks Relief By May 6; Still No Call For Response
The Court moves heaven and earth to block removal of alleged gang members who are almost certainly removable, but stays silent when citizens of Maine lose their elected representative.
Trump Admits Tariffs Could Create Shortages, Hike Prices
"Maybe the children will have two dolls instead of 30 dolls," Trump said Wednesday. "And maybe the two dolls will cost a couple bucks more than they would normally.”
Court Frees Palestinian Student Arrested by ICE at His U.S. Citizenship Hearing
A U.S. district judge called Mohsen Mahdawi’s detention a “great harm to a person who has been charged with no crime.”
Texas Closed Its Investigation Against These Parents. Why Are Their Names on a Child Abuse Registry?
A medical dispute over jaundice treatment prompted the state to take custody of Rodney and Temecia Jackson’s daughter for more than three weeks.
The Tariffs Imposed by President Trump Are Unconstitutional
Presidential power must stem from the Constitution or a statute, and the tariffs imposed by President Trump are unauthorized by statute, making them both unlawful and unconstitutional.
Trump Doesn't Need the Fed To Fix Housing
Former Rep. Ron Paul argues that slashing red tape will do more to bring down home prices than pressuring the central bank to cut interest rates.
The Government's Wars on Poverty and Drugs Had Good Intentions—but Bad Results
"All these government programs that regulate and control, they institutionalize mediocrity at best," argues Yaron Brook, head of the Ayn Rand Institute.
Rumeysa Ozturk's Op-Ed Is Still the Only Public Justification for Her Arrest
"It is unthinkable that a person in a free society could be snatched from the street, imprisoned, and threatened with deportation for expressing an opinion the government dislikes," says FIRE.
This Is Not the 5-4 Supreme Court Split You Were Looking For
A statutory interpretation case, involving national emergencies, splits the justices in an unusual way.
Why the FBI Arrested Judge Hannah Dugan
The Wisconsin judge is charged with obstruction of justice and concealing an undocumented alien to prevent his arrest.
The TAKE IT DOWN Act's Good Intentions Don't Make Up for Its Bad Policy
Congress just approved a new online censorship scheme under the auspices of thwarting revenge porn and AI-generated "nonconsensual intimate visual depictions."
John Arnold: Government Can't Be Trusted To Fix Any Problems
John Arnold argues that private markets solve problems better than government or philanthropy, and that real reform comes from decentralization, incentives, and evidence—not top-down control.
AI Bots in California Steal Over $10 Million in Federal Financial Aid
A scam that uses AI to “enroll” in community colleges to pocket student aid has skyrocketed in the Golden State and across the nation.
You Will Work in the Factory and You Will Like It
Plus: Amazon vs. Trump, RFK Jr. gets in trouble, and more...
Americans Doubt Trump's Trade War Will Benefit Them
Consumers and businesses are already experiencing higher prices and economic pain.
Florida Judge Seeks To Enjoin Parties Not Before Her Court
And she is considering holding the Florida Attorney General in contempt for pointing out the limits of the judge's order
Trump's Tariffs Usurp the Legislature's Tax Power
The president’s sweeping import levies have no basis in the statute he cites.
Second Amendment Roundup: National Firearms Act Constitutional Issues
Wyoming Law Review publishes special issue on the NFA.
Trump Is Repeating Biden's AI Mistakes
Export controls on advanced chips and AI models hold back innovation and hurt American businesses.
Trump Wants Lower Interest Rates. The Market Disagrees.
Even if the Fed tried to cut rates, inflation, investor reluctance, and a $25 trillion borrowing spree could keep them elevated for years.
Trump's 100-Day Energy Policy Scorecard: Disrupted Markets and Slowed Investment
So much for unleashing American energy.
Back to Basics
Plus: California zoning bill survives powerful lawmaker's economic illiteracy, Montana legislators pass simple, sweeping, supply-side housing reforms, and Washington passes rent control.
The Worst Parts of Trump's First 100 Days Involved Ignoring Libertarian Principles
Trade and immigration are areas where Trump operates most like a criminal autocrat.
U.S. Navy Accidentally Throws $64 Million Jet Overboard Off the Coast of Yemen
Washington is dumping valuable resources—literally—into a Middle Eastern war of choice.
Stop Subsidizing the 'Sport of Kings'
Plus: A ridiculous tax carveout, Trump backs D.C. stadium, and Shedeur Sanders
100 Days of Trump
Plus: "Calm corners" in the subway system, mysterious 18-hour power outage, and more...
Does a "More Honest" Discussion about Antisemitism on College Campuses Require an Honest and Unsanitized Account of October 7?
A recent blog post at AAUP's Academe is attracting notice for the way it characterizes the October 7 attack.
Brickbats: May 2025
News of politicians, police, and bureaucrats behaving badly from around the world.
New York Times Symposium on "A Road Map of Trump's Lawless Presidency"
I was one of 35 legal scholars who took part.
Trump's Independent Voter Problem
Plus: A listener asks about possible book club books that are "subtly libertarian."
The Supreme Court's Order for Supplemental Briefing in Kennedy v. Braidwood and the Reorganization Plan of 1966
The Reorganization Plan of 1966, standing by itself, is not a statute that could vest "by law" the appointment power authority in the Secretary.
A Federal Judge Greenlights a Lawsuit That Claims Florida's Ban on Lab-Grown Meat Is Unconstitutional
U.S. District Judge Mark Walker says Upside Foods has plausibly alleged that the law's protectionism violates the "dormant" Commerce Clause.
Trump's fake emergencies are the real crisis
My co-authored Washington Post op-ed today: "His vague national security claims chill speech and action far beyond his individual targets."
