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.
Tariffs
Judges and Justices Should Be Independent, Trump Says, As Long As They Side With Him
The president says federal courts should not make decisions based on partisan considerations unless it benefits him.
Flight Prices Rise
Plus: AI and entitlements, a new Turing prize winner, eight donuts a day, the first trailer for Dune 3, and more...
Peter Navarro Promised $700 Billion in Tariff Revenue. The Actual Amount Was About $240 Billion.
That’s roughly 12 whole days of government spending.
Kavanaugh Should Be Embarrassed by Trump's Praise for His Tariffs Dissent
Plus: Brian Doherty, RIP.
The Trump Administration Just Declared All Foreign Exports Unfair
By the administration's logic, Iowa is hurting Arizona by producing so much corn. This is a very silly way to think about economic policy.
Trump's New Tariff Plan Still Asserts a Crisis That Does Not Exist
The president’s invocation of Section 122 conflates a trade deficit with a balance-of-payments deficit.
Liberty Justice Center Files Lawsuit Challenging Trump's Section 122 Tariffs
LJC is the group with which I worked on the IEEPA tariff case decided by the Supreme Court.
Lawsuit: Trump's Newest Tariffs Are an 'Exercise of Completely Unrestrained Executive Power'
The lawsuit, filed by attorneys general and governors from 24 states, claims that Trump is once again trying "to usurp the taxing power that the Constitution vests in Congress."
Twenty-Four States Led by Oregon File Lawsuit Challenging Trump's Section 122 Tariffs
The massive new tariffs are illegal, just like the IEEPA tariffs previously invalidated by the Supreme Court.
After Paying Illegal Tariffs, Will Small Businesses Get a Refund? 'I'm Not Holding My Breath.'
Even if the refunds are made, business owners say they won't cover all the additional costs created by Trump's chaotic trade policies.
Trade Wars, Meet Actual Wars
Plus: Congress shrugs, a cat cafe unionizes, and Liz Wolfe checks in, and more...
US Court of International Trade Orders Refund of All Illegally Collected IEEPA Tariffs
Importantly, the Court ordered payment of refunds even to those businesses who have not filed a lawsuit to claim them.
Trump Thinks Any Judge Who Rules Against Him Is in League With the 'Radical Left'
The president's wildly inaccurate ideological labels are no more meaningful than his other ad hominem attacks on people who disagree with him.
This Taxation Is Looking a Lot Like Theft
The Trump administration is trying to avoid paying refunds after illegally collecting $175 billion from its emergency tariff scheme.
National Constitution Center "We the People" Podcast About the Supreme Court Tariff Decision
I was one of the participants, along with Zach Shemtob (SCOTUSblog) and Julie SIlverbrook (NCC).
Society for the Rule of Law Podcast About the Tariff Decision
Gregg Nunziata interviewed me.
The 4 Economic Myths Powering Trump's New Tariff Push
American businesses and consumers absorbed nearly 90 percent of the 2025 tariffs' economic burden, the Federal Reserve Bank of New York found.
Trump's Tariff Troubles
Plus: Minnesota Medicaid funds, AI vs. jobs, Taylor Lorenz's libertarian moment, and more...
Will the Trump Administration Pay the Tariff Refunds It Promised?
It said that if it lost in court, it would refund companies that paid unlawful tariffs. Now it says the process could take years.
Pete Buttigieg: Federal Agents Are Losing Public Trust
Former Transportation Secretary Pete Buttigieg discusses immigration enforcement, the role of government, and why federal agencies are losing public trust.
Thoughts on the Potential Broader Significance of the Supreme Court's Tariff Decision
Only time will tell how great the impact of the ruling will really be. But, at this point, it seems like a very significant decision.
The Supreme Court's Tariff Decision Vindicates the Rule of Law and the Separation of Powers
Although Trump has other options for taxing imports, the justices reminded him that he needs clear congressional authorization.
5 Reasons To Doubt Trump's Boast About Bringing Down Fentanyl Smuggling
A drop in seizures doesn't necessarily mean a decline in the supply.
Trump's Tariffs Are Not Going To Eliminate the Income Tax
And that's especially true if the tariffs are illegal.
My New Boston Globe Article on Why "Trump's New Tariffs are Another Dangerous Presidential Power Grab"
The article explains why the new Section 122 tariffs are illegal, and courts should strike them down, when (as is likely) lawsuits are filed against them.
In Tariffs Dissent, Clarence Thomas Embraced a Dangerous Theory of Executive Power
The conservative justice’s regrettable opinion in Learning Resources v. Trump.
Trump Replaces Old Illegal Tariffs With New Illegal Tariffs
Plus: The U.S. could be going to war with Iran, the 2026 Winter Olympic Games, and why AI surveillance is worrying civil libertarians
Trump's Rationale for His New Tariffs Contradicts the Position He Took Before His Supreme Court Defeat
The president is relying on a provision that the government's lawyers said had no "obvious application" to his goal of reducing the trade deficit.
My New Dispatch Article on the Tariff Decision, its Implications - and a Key Issue the Court Did Not Resolve
The Court stopped a massive presidential power grab, but did not resolve a crucial issue about judicial review of executive use of emergency powers.
Trump's New Tariffs Are Probably Illegal Too
Attorneys for the Trump administration even admitted that Section 122 can't be applied to address trade deficits. Trump is now trying to do that anyway.
The Roberts Court Rejects Trump's Tariffs
An initial take on Learning Resources v. Trump.
Trump's Tantrum Over the Tariff Decision Highlights His Narcissistic Authoritarianism
The president neither understands nor appreciates the vital role of judicial independence in upholding the rule of law.
The Supreme Court Didn't Fully End the Trade War, but It Reinforced Limits on the Presidency
President Trump will undoubtedly keep trying to impose protectionism, but his options are limited.
Andrew McCarthy on "Why Trump's Section 122 Tariffs Are Illegal"
The prominent conservative legal commentator outlines the case against Trump's latest tariff power grab.
Trump on the Supreme Court's Tariff Decision
It wasn't the Court's opinion that is an "embarrassment."
An MQD Receipt Justice Gorsuch Overlooked
Justices Kagan and Sotomayor have signed on to at least one opinion that expressly relied upon the major questions doctrine.
My New Atlantic Article About Our Win in the Tariff Case
It covers many issues raised by the decision.
No More Tariffs on Asian Olympic Dragons!
Robby Soave and Jason Russell celebrate the SCOTUS tariff news before pivoting to the politics of the Winter Olympics.
Gorsuch Blasts Thomas, Alito, and Kavanaugh for Favoring Trump's Illegal Tariffs
What explains the fracture in the Supreme Court's "conservative bloc"?
A Note on Tariff Refunds
Thanks to our victory in the tariff case before the Supreme Court, businesses that paid billions of dollars in illegally collected tariffs can seek refunds. But the process may be difficult.
Trump Orders New 10 Percent 'Global Tariff' After Supreme Court's Rebuke
The new tariff will be implemented under a 1974 law that gives the president authority to impose tariffs for up to 150 days.
Small Business Owners Celebrate Supreme Court Striking Down Trump's Tariffs
The battle against the president's so-called reciprocal tariffs is won, but the war for free trade and a stable business environment continues.
Even Without the 'Emergency' Powers SCOTUS Rejected, Trump Has a Bunch of Tariff Options
There are many laws that explicitly authorize the president to impose taxes on imports, but they include limits that Trump was keen to avoid.
