What VanDerStok Says about Agency Interpretations of Statutes
The Court's opinion upholding federal regulation of "ghost guns" makes passing reference to Loper Bright Enterprises.
Law & Government
DC Circuit Upholds District Court Order Blocking Deportations Under The Alien Enemies Act
The 2-1 ruling is procedural, but strongly suggests the majority judges also reject the Trump administration's position on the merits.
Arizona Legislators Are Immune From Traffic Tickets During Session. A New Proposal Wants To Change That.
Legislators have used the state Constitution to avoid accountability for egregious traffic violations.
On the Effects of Occupational Licensing on the Legal Profession
An interesting new study on how state bar requirements may affect the quality and quantity of legal services.
Federal Court Rules Migrants Have Right to Hearing to Challenge Alien Enemies Act Deportations
Judge Boasberg ruled the migrants are entitled to due process in determing whether they really are "alien enemies" covered by the Act.
Trump's Attack on the Courts Channels the Worst of Theodore Roosevelt
An unconstitutional act is still unconstitutional even if lots of people support it.
Syria's Revolution Has Betrayed Its Promise
After Assad’s fall, Syria was poised for liberation. Instead, ethnic violence, sectarian dogma, and unchecked power are threatening to turn victory into yet another nightmare.
The Atlantic Should Not Find Out About a War Before Congress Does
The White House accidentally leaked military plans in Yemen to a journalist—and demonstrated how unconstitutional U.S. war making has become.
Trump's War With the Courts
Plus: A listener asks why some American libertarians seem to unquestioningly accept everything Vladimir Putin says.
Trump Ends Program for Legal Migrants From Cuba, Haiti, Nicaragua, and Venezuela
Over 500,000 migrants used the program to enter and work in the U.S.
Federal Judge Blocks Texas A&M From Banning Drag Shows
The judge ruled that Donald Trump and Texas Gov. Greg Abbott's executive orders targeting "gender ideology" can't change the fact that drag performance is expressive conduct under the First Amendment.
Is and Ought in Constitutional Law
A response to Joel Alicea on whether originalism needs a moral defense.
Justices Alito and Gorsuch Would Like to Reconsider Crawford
Two decisions respecting a denial of certiorari suggest the Court should reconstruct Confrontation Clause jurisprudence.
States Keep Suing the Feds, but Not in Defense of Federalism
State Attorneys General appear more interested in lining up with their political tribe than they are in defending state interests.
N.C. Court on Compensation for (Apparently Unauthorized) Forced Vaccination by School
The court concludes that the federal 2005 Public Readiness and Emergency Preparedness (PREP) Act preempts state battery claims, but not state constitutional law claims.
Trump and Congress Have a Right and a Duty To Kill the Department of Education
The feds have no constitutional authorization to meddle in education.
Their Kids Said They Were Trans. Then CPS Came Knocking.
Across the country, parents of gender-dysphoric kids are confronting state intrusion.
Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
Trump Thinks the Feds Can Fix America's Critical Mineral Supply Chain
Invoking the Defense Production Act won't boost the supply of critical minerals.
Did Trump Just Abolish the Department of Education?
While he can't get rid of the department outright, a new executive order attempts the next best thing.
Two Audio Interviews About the Alien Enemies Act Litigation
Links to audios of a Cato Institute podcast and an interview with ABC News (Australia).
National Constitution Center Podcast on the Alien Enemies Act and Mahmoud Khalil Immigration Cases [Updated]
The participants were Adam Cox (NYU) and myself.
Gavin Newsom Should Work on Governing Rather Than Podcasting
California once was the state where a visionary might start up a gee-whiz concept in a garage. Now bureaucrats and powerful unions would crush that concept in its infancy.
One Federal Clause Allows DOGE To Cancel Contracts at Will
The Federal Acquisition Regulation requires the right for the government to terminate any federal contract "for convenience."
The FBI Seized This Woman's Life Savings—Without Telling Her Why
Linda Martin's lawsuit alleges that the agency violated her right to due process when it took her $40,200 and sent her a notice failing to articulate the reason.
Kansas Schools Fought Open Enrollment but Now Need It To Stay Afloat
Superintendents warned open enrollment would overwhelm them. Instead, they have nearly 3,000 vacancies as parents and students have more choices.
Invest in Education—Not the Department of Education
More education dollars are funding more bureaucrats, who, by and large, are not improving student outcomes.
Trump's Judge Bashing Provokes a Rebuke From Chief Justice John Roberts (Again)
"Impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts noted after Trump said federal judges who impede his agenda should be fired.
Trump Fires Democratic FTC Commissioners
The removals challenge Humphrey’s Executor, a Supreme Court precedent that protects independent agency officials from political firings.
President Trump Targets Humphrey's Executor Directly
President Trump acts to remove two Democratic commissioners from the Federal Trade Commission. Litigation is likely.
A Federal Judge in Utah Orders Local Officials To Return a Religious Group's Psychedelic Sacrament
The ruling by U.S. District Judge Jill Parrish emphasizes that religious freedom must protect "unpopular or unfamiliar religious groups" as well as "popular or familiar ones."
Chief Justice Roberts' Remarks on Threats to Judges
In 2020, the Chief Justice condemned Senator Schumer's "dangerous" remarks.
Chief Justice John Roberts Rightly Condemns Trump's Call to Impeach Judges who Rule Against Him
There is no justification for such impeachment efforts.
'We Are Not Stopping'
Plus: Texas midwife arrested for violating abortion ban, JFK files, Gaza bombings, astronauts finally rescued, and more...
Trump Administration Likely Violated Court Order in Alien Enemies Act Case
They used the Act to deport some 137 Venezuelan migrants to El Salvador even after a federal court issued a temporary restraining order blocking such action.
Pardons and Autopen Signatures: A 2024 Appellate Decision Says Pardons Don't Have to Be Signed (or Even Written) at All
[UPDATE: I note a contrary argument in an update at the end of this post.]
In Trump's Revenge Fantasy, Biden Did Not Actually Pardon Members of the January 6 Committee
The president says those legislators are "subject to investigation at the highest level," notwithstanding their pardons and the Speech or Debate Clause.
Why We Don't Need the Department of Education
Plus: A listener asks the editors whether a Kamala Harris presidency would have been preferable.
Is There a Right to a Jury Trial for Death on the High Seas Act Claims Not Designated as Admiralty Claims?
Retired Judge Gertner and I have filed an amicus brief in support of certiorari to answer the question, which has important important implications for admiralty jurisdiction.
New Income Tax Proposal Is Progressive and Unworkable
Commerce Secretary Howard Lutnick says the Trump administration wants to eliminate income taxes for those making $150,000 or less—an unprecedented shift with major consequences.
First They Came For…
Plus: Democrats' filibuster hypocrisy, Trump bombs Yemen, March Madness, and more...
The Cold War Broadcasting Apparatus Should Shut Down
Dissidents resisting authoritarian regimes should be independent of the United States—and so should their media sources.
