D.C. Circuit Upholds Presidential Removal of MSPB and NLRB Members
On the eve of Trump v. Slaughter, the D.C. Circuit offers a way to distinguish Humphrey's Executor.
Executive Branch
The Third Circuit's Curious Opinion on the "De Facto" U.S. Attorney for the District of New Jersey
The Circuit's decision appears to invite the workaround of dividing responsibilities between two persons in the U.S. Attorney's Office, who could then each exercise half of that Office's powers.
Third Circuit Affirms Disqualification of Alina Habba
The first appellate court to consider the Trump Administration's aggressive approach to U.S. Attorney appointments.
McCarthy: "'We Intended the Strike to Be Lethal' Is Not a Defense"
NRO's Andrew McCarthy on why strike on defenseless survivors of strike on drug boat was "at best, a war crime under federal law."
Trump Pardoned Gobble and Waddle. He Should Pardon More Deserving People, Too.
The president loves freeing people. His controversial clemency grants should not obscure the fact that the pardon power is incredibly important.
Trump's Habitual Charges of 'Treason' Reflect His Authoritarian Impulses
The president’s reaction to a supposedly "seditious" video illustrates his tendency to portray criticism of him as a crime.
An Antidote to the FDR Cult
A new biography presents Franklin Roosevelt as one of the greatest scoundrels of American political history.
The Democratic Party Is Offering a False Choice Between Socialism and Technocracy
By looking to the past, Democrats could chart a pro-freedom blueprint for their party’s future.
Mike Johnson Wanted Congress To Reclaim Power Over Tariffs—in 2019
Now, under Johnson's leadership, the House has changed its rules to make it even harder for lawmakers to signal their opposition to Trump's tariffs.
Trump's Venezuela Escalation Could Destroy MAGA, Warns Rand Paul
Blowing up boats won’t stop drugs—but it could sink Trump.
Rand Paul: Congress Is 'Afraid of the President'
Sen. Rand Paul explains why he wants the Epstein files released, lays out his case against Trump’s tariffs and military strikes in Venezuela, and argues that he and Rep. Thomas Massie are the last voices in Congress still committed to libertarian ideals.
The 'Emergency' That Demanded Huge Tariffs on Swiss Imports Is Now Over. So What Was the Emergency?
Trump's decision to reduce the tariffs on Swiss goods came just days after a Swiss delegation lavished the president with a variety of expensive gifts.
Less Indictable Than a Ham Sandwich
They say a grand jury would indict a ham sandwich. But failing to get indictments has been a hallmark of the second Trump administration.
The Art of the Presidential Health Cover-Up
Since long before Biden and Trump, presidents have been going to great lengths to keep their medical problems from the public.
The Alien Enemies Act and the Major Questions Doctrine
The Trump administration's claims that illegal migration and drug smuggling qualify as an "invasion" or a "predatory incursion" under the Alien Enemies Act go against the major questions doctrine.
Trump Pardons Mountain Runner Michelino Sunseri, Who Was Prosecuted for Using an Unapproved Trail
The decision is consistent with the president's avowed concerns about "overcriminalization in federal regulations."
This Foreign Policy Precedent Might Aid Trump's Tariffs at SCOTUS
For the justices, the question is just how much deference the president deserves.
Is Trump a Socialist?
Donald Trump’s new stock-buying strategy isn’t socialism, but it is a step toward a government-controlled economy.
Justices Don't Buy Tariff Argument
Plus: Outrage at Heritage, air traffic might get throttled, and more...
Trump's Economic Fallacies Are Legally Relevant in His Tariff Case
Trade deficits are not a "national emergency," and the president's import taxes won’t reduce them.
Dick Cheney, Vice President and Self-Described 'Darth Vader,' Was a Champion of the War State
The former vice president liked being compared to the supervillain as a joke. But he had seriously villainous effects on millions of people in real life.
Trump's Tariffs and John Roberts' Credibility
Learning Resources v. Trump will test both executive power and judicial fidelity.
Illinois Is Taking the Feds to Court Over 'Trump's Invasion' of Chicago
"The Trump Administration's Department of War gave me an ultimatum: call up your troops, or we will," Gov. J.B. Pritzker said.
Trump's Tariff Tantrum Proves He Shouldn't Have That Power
The Supreme Court is set to hear arguments in November on whether Trump's use of tariffs is constitutional.
The Government Shutdown Isn't Stopping Trump From Amassing 'Emergency' Powers
As of mid-2025, there were roughly 50 simultaneous national emergencies in force.
Trump Dares Congress To Take Its War Powers Seriously in Venezuela
The president bet that no one would stop him from land attacks in Venezuela. And Congress hasn’t given him any reason to think otherwise.
Merkley's Marathon Address Decried Trump's 'Authoritarian Grip'—But Executive Overreach Didn't Start With Him
Trump’s presidency may have amplified executive power, but unless lawmakers roll back those powers—and the bloated government behind them—the next administration will do the same.
What the Japanese Internment Case Teaches About Judicial Deference to Presidential Power
Long-ago debates about executive authority are not as distant as they might initially seem.
9th Circuit Court Upholds Trump's Deployment of National Guard in Portland
The decision “erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights,” Judge Susan P. Graber warned in her dissent.
Trump Allegedly Misidentified a Colombian Fisherman as a Venezuelan 'Narcoterrorist'
The potential for deadly error underlines the lawlessness of the president’s bloodthirsty anti-drug strategy.
On National Guard Deployments, Trump Tells SCOTUS His Power Is 'Unreviewable'
Will the Supreme Court grant Trump the overwhelming judicial deference he demands?
Does Argentina's Bailout Prove Libertarians Wrong?
Plus: the “No Kings” protests, Trump pays troop salaries during government shutdown, and the continued bombing of drug boats in Venezuela
Coming Soon to the Supreme Court: Are Tariffs Taxes?
The correct answer is: Yes, even when they are also regulations. Whether the Court agrees could determine the future of presidential power.
Seventh Circuit Rules Against Trump's Use of National Guard in Chicago
The Court of Appeals unanimously refused to stay a trial court ruling against Trump, signaling the judges believe his use of the Guard is illegal.
Trump Erroneously Thinks Killing Suspected Smugglers Is the Key to Winning the Drug War
Until now, the president concedes, interdiction has been "totally ineffective." Blowing up drug boats won't change that reality.
US Chamber of Commerce Files Lawsuit Challenging Trump's $100,000 H-1B Visa Fee
This is the second lawsuit challenging the policy, which is both illegal and likely to cause great harm if allowed to stand.
The Federal Workforce Will Be a Little Smaller After the Government Shutdown Ends
We’ll take less government however we can get it.
Deference Due? Trump, the National Guard, and the Misuse of Martin v. Mott
A guest post by Joshua Braver and John Dehn.
Trump Won't Invoke the Insurrection Act—As Long As He Can Use the National Guard However He Wants
If the courts try to enforce legal limits on the president's military deployments, he can resort to an alarmingly broad statute that gives him more discretion.
Deploying Troops to American Cities Is an Assault on the Constitution
Federal troops are also ill-suited to handle local policing issues.
Trump Calls for Arrest of Chicago Mayor and Illinois Gov. Pritzker
As Illinois resists the federal immigration blitz, the Trump administration ups the ante on authoritarian rhetoric.
Republican Socialism: The Trump Administration Buys a Stake in Yet Another Company
The federal government can't even pass a budget. What's it doing buying a mine?
Alligator Alcatraz Was Built on Secrecy, Expansive Emergency Powers, and an Unprecedented State Power Grab
Shadowy deals and unilateral powers created Florida's notorious immigration detention camp.
Warrantless Searches, Tariffs, and the Unitary Executive: 3 SCOTUS Cases To Watch This Fall
In a new Supreme Court term packed with big cases, these disputes stand out.
Why a Trump Appointee Ruled That His National Guard Deployment in Portland Was Illegal
U.S. District Judge Karin Immergut concluded that the president's description of "War ravaged Portland" was "simply untethered to the facts."
