Checking A Presidential Bully
Do Congress and the courts have adequate tools to rein in Trump’s scattershot use of executive power?
Month: May 2025
How Making GLP-1s Available Over the Counter Can Unlock Their Full Potential
Drugs like Ozempic might not only address obesity but also alcoholism, smoking, and drug addiction.
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.
12-Year-Old Tennessee Boy Arrested for Instagram Post Says He Was Trying To Warn Students of a School Shooting
Although the school failed to properly assess whether the threat was valid, school officials determined that his expulsion didn’t violate due process.
Arkansas S. Ct. Vacates Gag Order on Man Accused of Murdering His Teenage Daughter's Alleged Sex Abuser
The order also covered the man's family and public officials, as well as the lawyers in the case.
Do Lower Court Judges Time Their Decisions to Take Senior Status (or Retire) Based on Who May Replace Them?
This question can be informed by more than anecdote and intuition.
Texas Ten Commandments Bill Is the Latest Example of Forcing Religious Texts In Public Schools
The Lone Star State's bill is already facing legal challenges.
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.
Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
Book burning, hit pieces, and marijuana's historical pedigree.
SCOTUS Allows Trump Administration to Revoke Parole Status of Noncitizens Present under CHNV Program
A reminder that the Executive Branch retains substantial discretionary authority over immigration policy and will prevail in court when that authority is properly exercised.
Wait, Lilo & Stitch Is About Medicaid and Family Separation?
A strange sort of policy logic powers the new Disney remake.
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."
Two Courts Have Ruled Against Trump's Tariffs—but Not for the Same Reasons
Both are wins for free trade, but only one vindicates the separation of powers.
Civil Rights Groups Say Immigrants Are Being Denied Legal Access at Detention Centers
Reason confirmed reports of dysfunction and violence at one of those detention centers earlier this week.
Congress Must Vote on Tariffs
For both practical and constitutional reasons, this is the obvious way out of the chaos Trump's tariffs have created.
Interviewing Orin Kerr on the Digital Fourth Amendment
Back Briefly from Hiatus: Episode 502 of the Cyberlaw Podcast
What J.D. Vance Gets Wrong About Judicial Deference to Executive Power
The federal courts are supposed to be a bulwark against presidential overreach, not a rubber stamp.
My New Atlantic Article on the Tariff Case and its Significance
It explains how the ruling is a win for separation of powers and the rule of law.
Marco Rubio Sure Has a Weird Definition of Free Speech
Marco Rubio has announced a plan to deny visas to foreigners who censor Americans.
Trump's Syrian Outreach Turns an Enemy Into a Friend
Hawks in Washington often make it sound hard to end conflicts with other countries, but the United States and Syria are fixing relations overnight.
How Our Tariff Case Came About
The Wall Street Journal, CBC, and Time published good articles on the story behind the case filed by the Liberty Justice Center and myself.
Tariff Legal Battle Plays Out
Plus: Javier Milei puts state-run TV to good use, Texas' THC antagonism, rent control lunacy, and more...
Some Interviews About Our Tariff Case
Some of the more informative interviews I have done about our win in the case against Trump's tariffs, in lawsuit filed by the Liberty Justice Center and myself.
Academic Freedom Podcast on Restricting International Students at Harvard University
A conversation with Eugene Volokh on the First Amendment issues of the Trump administration's actions
Chief Judge Steven Colloton Opines That Boycotts of Columbia Might Pose Ethical Problems
But he declines to conclude that another judge, against whom a complaint was lodged over participation in such a boycott, violated the rules.
British Attacks on Free Speech Prove the Value of the First Amendment
Speech codes intended to battle misinformation are instead empowering the government to be the arbiter of truth.
Review: The Wild Adventures of Women in Anthropology
Anthropology was once built around freewheeling interactions with alien peoples in far-flung lands.
Federal District Court Issues Another Ruling Against Trump's IEEPA Tariffs
The decision by Judge Rudolph Contreras of the US District Court for the District Columbia holds IEEPA doesn't authorize the president to impose tariffs at all.
'Banal Horror': Asylum Case Deals Trump Yet Another Loss on Due Process
President Trump is entitled to try to execute his immigration policy. He is not entitled, however, to violate the Constitution.
Federal Circuit Issues Brief Administrative Stay in Our Tariff Case
This is a standard order imposing a brief stay of the trial court ruling, while the parties litigate the issue of whether a longer stay should be imposed.
Buddy, Can You Spare A Million Bucks?
The appalling consequences of presidential immunity.
Supreme Court Unanimously Agrees To Curb Environmental Red Tape That Slows Down Construction Projects
The case involved a fully permitted railroad track in Utah that has yet to break ground because of environmental lawsuits.
"The Central Principle of Judicial Review in NEPA Cases Is Deference"
Some additional thoughts on today's Supreme Court decision in Seven County Infrastructure Coalition.
What To Expect Now That Trump Has Scrapped Biden's Crippling AI Regulations
"New opportunities for innovation, economic growth, and global engagement," says one expert.
David Stockman: Trump Is a 'Faker' on the Debt
Reagan's budget chief warns that the One Big Beautiful Bill Act could balloon the national debt to $60 trillion, risking a catastrophic bond market crisis.
