"The Nationalist Threat to Liberty" - My Final Contribution to the Liberty Fund Symposium on "The Legacy of David Boaz"
The symposium has now concluded.
Immigration
Why You Should Care About the Club World Cup (If Your Team or Rival Is In It)
Plus: a players union failure, immigration for the World Cup, and Welcome to Wrexham.
'Evacuate Tehran'
Plus: A bipartisan effort to prevent American involvement in the war, ICE workplace raids to begin again, and more...
Israel Strikes Iran. Is Escalation Inevitable?
U.S. involvement in the new Middle East conflict, political violence at home, and the No Kings protests
Whether or Not Trump Invokes It, the Insurrection Act Is Antiquated and Dangerously Broad
On its face, the law gives the president sweeping authority to deploy the military in response to domestic disorder.
ICE Raids and Protests Empty Out Santee Alley: Dispatch From L.A.
In the shadow of immigration crackdowns and federal troops on the ground, shopkeepers and customers are scared away, leaving businesses devastated.
ICE on Ice
Plus: Suspect in Minnesota shootings arrested, Iran and Israel still fighting, Ross Ulbricht speaks, and more...
Trump's Immigrant Removals Aren't Technically Deportations. So What Are They?
Deportation means expelling an alien back to their home country for violating immigration law. Many of the Trump administration's actions don't meet that definition.
The Trump Administration Just Created Hundreds of Thousands of Illegal Immigrants
A blow to recent arrivals from Cuba, Haiti, Nicaragua, and Venezuela
Neighbors React to ICE Raid at San Diego Italian Restaurant: 'It Could Happen Anywhere'
"I think it just puts a lot of fear in people—especially the hard-working people who are doing nothing wrong."
A Judge Said the Excuse for Arresting Mahmoud Khalil Was Unconstitutionally Vague. Why Isn't Khalil Free?
U.S. District Judge Michael Farbiarz highlights the chilling impact of Marco Rubio's dubious rationale for deporting students whose views offend him.
The Restraining Order Against Federalizing the California National Guard Highlights Trump's Lawlessness
U.S. District Judge Charles Breyer concluded that the president failed to comply with the statute he cited—and violated the 10th Amendment too.
My New Verfassungsblog Article On "The Nondelegation Case Against Trump's New Travel Ban"
It explains why a nondelegation challenge could work and deserves to win, despite Trump v. Hawaii.
The Trump Administration Needs Better Opposition
And Americans deserve dissenting voices that aren’t inept and crazy.
Federal Court Rightly Invalidates Trump's Illegal Federalization of California National Guard Troops
Trump's policy here is yet another example of abusive invocation of emergency powers.
Federal Court in Colorado Explains TRO Against Immediate Deportation of Mohamed Soliman's Family, Transfers Case to Western District of Texas
Soliman is the man "charged with a horrific June 1, 2025 antisemitic fire-bombing attack 'against a peaceful gathering of individuals commemorating Israeli hostages.'"
California Immigration Raids Are Hurting American Citizens Too
Cary López Alvarado, a U.S. citizen who is nine months pregnant, was detained after blocking immigration agents from entering what she believed to be private property.
Rand Paul Blasts 'Knucklehead' Stephen Miller
The Kentucky senator is also not a big fan of military parades, populist economics, or shredding due process.
Los Angeles Is Not Burning: Dispatch from L.A.
The truth is less dramatic—and more important.
Trump's L.A. National Guard Deployment Stands on Shaky Legal Ground
Plus: When Stalin Meets Star Wars.
Farmworkers Panic as ICE Raids California Fields
Agents were chasing and apprehending workers in the early hours of the morning.
The Trump Administration Is Escalating an Immigration Crisis It Promised To Resolve
The border is no longer the focus. Now, the White House wants you to believe that the crisis extends to nail salons, hardware stores, farms, and restaurants across the country.
Stephen Miller's Dream
Plus: Trump's big parade, Elon Musk makes amends, Zohran Mamdani gains, and more...
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.
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.
Protesters March, Police Surround, and the Cycle Resets: Dispatch From L.A.
As hundreds gathered to oppose ICE raids, a familiar pattern played out: peace by day, flash-bangs by night.
Liberty Fund Symposium on "The Legacy of David Boaz" Continues
There are now initial contributions by Andy Craig, Tarnell Brown, Aaron Ross Powell, Jonathan Blanks, and myself, plus response essays.
Trump Deploys Marines to L.A.
Plus: RFK Jr. tackles vaccine advisory board, menswear influencer might be deportable, and more...
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.
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.
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.
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.
U.S. Abandons Afghan Allies as Trump Administration Shuts Down Resettlement Programs
The State Department is eliminating the CARE office and ending the Enduring Welcome program, stranding U.S. allies who risked their lives and were told America would protect them.
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."
The Gattaca Future Is Here
Plus: Trump's travel ban, NYC mayor candidate cites bad stats on child hunger, and more...
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.
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.
A First Amendment Right To Preach Orgasm?
As the prosecution rests in the OneTaste case, the defense lays out the free speech implications if the government succeeds.
Trump's Haste Begets Lawlessness
The president treats legal constraints as inconveniences that can be overridden by executive fiat.
