What if the President Tries to Annex Greenland and Canada?
Trump's new imperialism makes neither economic nor geopolitical sense.
Executive Branch
Can the President Refuse To Spend Money Authorized by Congress?
Impoundment, line-item vetoes, and the tricky problem of cutting spending through the executive branch
Why the Major Questions Doctrine Applies to the President, Not Just Executive Agencies
This is a key issue in cases seeking to limit executive branch power grabs, including Trump's tariffs. Judge Ryan Nelson (a conservative Trump appointee) explains why the president is not exempt from the doctrine.
Trump Tries To Defund NPR and PBS by Executive Order
A new executive order would keep the Corporation for Public Broadcasting alive while telling it to cut off the two biggest public broadcasting networks. Get ready for a legal fight.
Federal Judge Rules Trump's Alien Enemies Act Proclamation Is Unlawful
The Trump-appointed judge found that the administration's use of the Alien Enemies Act "exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms."
Federal Court Issues Two Important Rulings Against Trump in Alien Enemies Act Case
Federal district court Judge Fernando Rodriguez ruled that Trump invoked the AEA illegally, and that migrants threatened with deportation under the Act can file class action habeas petitions.
Senate Republicans Voted Overwhelmingly To Continue Trump's Trade War
Sen. Rand Paul's attempt to end the non-existent economic emergency failed to pass the Senate on Wednesday night.
Washington Outsider Report Podcast Interview on the Trump Tariff Litigation
I was interviewed by attorney/podcaster Irina Tsukerman.
The Tariffs Imposed by President Trump Are Unconstitutional
Presidential power must stem from the Constitution or a statute, and the tariffs imposed by President Trump are unauthorized by statute, making them both unlawful and unconstitutional.
Trump's Tariffs Usurp the Legislature's Tax Power
The president’s sweeping import levies have no basis in the statute he cites.
Trump's 100-Day Energy Policy Scorecard: Disrupted Markets and Slowed Investment
So much for unleashing American energy.
New York Times Symposium on "A Road Map of Trump's Lawless Presidency"
I was one of 35 legal scholars who took part.
Trump's Understanding of Due Process Is Just As Farcical As His Definition of 'Alien Enemies'
A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.
Could 'Princess Awesome' Defeat Trump's Tariffs?
Small businesses and a dozen states have filed a pair of lawsuits challenging Trump's authority to impose tariffs on board games, clothes, and lots of other things.
Twelve States File Lawsuit Challenging Trump's IEEPA Tariffs
The suit resembles previous ones on the same subject filed by the state of California, and by the Liberty Justice Center and myself.
Federal District Court Rules Against Trump in Alien Enemies Act Case
The court ruled that Trump invoked the AEA illegally, blocks deportation of Venezuelan migrants who filed the case, and sets out standards for notifying them of their rights to challenge their deportation.
By Openly Retaliating Against Disfavored Law Firms, Trump Attacks Free Speech and the Right to Counsel
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Bipartisan Group of Prominent Legal Scholars and Former Government Officials Files Amicus Brief Supporting Our Case Challenging Trump's "Liberation Day" Tariffs
Signers include Steve Calabresi, Harold Koh, Richard Epstein, Michael McConnell, Alan Sykes, former Attorney General Michael Mukasey, and others.
Free Press Symposium on "Is Donald Trump Breaking the Law?"
The degree of agreement among participants with major ideological diferences is striking.
Motion for Preliminary Injunction, Temporary Restraining Order, and Summary Judgement in Our Case Against Trump's "Liberation Day" Tariffs
The motion was filed today, and sets out our case in detail.
My New Lawfare Article on "The Constitutional Case Against Trump's Trade War"
It explains why the IEEPA "Liberation Day" tariffs are illegal and how our case against them relates to the other three cases challenging Trup's tariffs.
What Happens When Presidents Defy Court Orders?
“The Executive will lose much from a public perception of its lawlessness and all of its attendant contagions.”
Bloomberg and Forbes Podcast Interviews About our Lawsuit Challenging Trump's "Liberation Day" Tariffs
The Liberty Justice Center and I filed the case on Monday.
Federal Judge in Deportation Case Finds Probable Cause To Hold the Trump Administration in Contempt
U.S. District Judge James Boasberg says the evidence indicates that the government "willfully disobeyed" his order blocking removal of alleged Venezuelan gang members.
Cato Institute Podcast on Our Lawsuit Challenging Trump's "Liberation Day" Tariffs
I was interviewed by Caleb Brown of Cato.
California Files Lawsuit Against Trump's Tariffs
They challenge both the "Liberation Day" IEEPA tariffs, and earlier ones imposed on Canada, Mexico and China.
Trump Says Alleged Gang Members Don't Need Hearings Because the Government Is Infallible
The Supreme Court unanimously rejected that claim, upholding the right to due process in deportation cases.
Are Trump's 'Liberation Day' Tariffs Illegal?
Several businesses harmed by Trump's "Liberation Day" tariffs have filed a lawsuit challenging his use of emergency economic powers.
Why the Wilson Center Had To Go
The taxpayer-funded think tank cloaked elite impunity and American interventionism in the language of liberalism.
Trump Flagrantly Targets Political Opponents in Executive Orders
Richard Nixon infamously drafted an "enemies list" of people he wanted to go after. At least Trump conducts his corruption out in the open.
Liberty Justice Center and I File Lawsuit Challenging Trump's "Liberation Day" Tariffs
It was filed today in the US Court of International Trade.
Blackfeet Nation Indians File Lawsuit Challenging Trump's Canada Tariffs
They argue the tariffs violate the constitutional separation of powers and their tribal treaty rights.
Supreme Court Unanimously Orders Trump To 'Facilitate' the Return of Wrongly Deported Man
Trump lost on his most aggressive claims of executive power for the second time in a week.
"The Supreme Court Is Not Cowering Before Trump on the Shadow Docket"
"Nor is it taking a new approach."
Supreme Court Rules Trump Administration Must "Facilitate" Return of Illegally Deported Salvadoran Migrant
Unanimous ruling is a big win for immigrant rights. But it does have unfortunate ambiguities.
The Tariff Madness Isn't Over
Even after Trump paused some of his new tariffs for 90 days, we still have the highest average tariffs in over a century and the biggest trade war since the Great Depression. Real relief will only come if Congress or the courts deny Trump the power to do this.
Markets Don't Want More Coal. Trump Is Propping Up the Industry Anyway.
The president’s preferential treatment of fossil fuels will cost consumers.
President Trump's Reduced Tariff/Taxes Are Still Unconstitutional
We need a district judge to enter a nationwide injunction putting a stop to these huge unilateral, presidential tax increases on ordinary working-class people.
Trump Partially Pauses "Liberation Day" Tariffs
But 10% tariffs are still being imposed on nearly all countries, without any letup. And we are still moving ahead with our lawsuit challenging them.
Markets Rally as Trump Pauses Tariffs. Should Presidents Have This Much Power?
In the span of a week, Trump cratered the stock market and brought it much of the way back, with little more than public statements.
John Roberts Only Postponed the Bigger Fight Over Trump's Deportations
The Supreme Court did not answer two of the biggest legal questions raised by Trump’s invocation of the Alien Enemies Act.
Rand Paul Is Leading Another Long-Shot Effort at Stopping Trump's Terrible Trade War
Bills introduced Tuesday in the House and Senate would terminate the emergency declaration Trump issued last week.
Trump Abuses Government Power To Punish Democrats' Law Firms
The president is politically targeting those he says politically targeted him.
Supreme Court Rejects Trump's Claim That He Can Summarily Deport Anyone He Describes As an 'Alien Enemy'
Although the Court lifted an order that temporarily blocked removal of suspected gang members, it unambiguously affirmed their right to judicial review.
Rights and Wrongs of the Supreme Court's Ruling in the Alien Enemies Act Case
The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.
Trump Is Wrong About McKinley's Tariff Legacy
Did the 25th president really make America "very rich through tariffs"? William McKinley might have told you otherwise.
An Executive Power Case That Trump May Win
The Supreme Court seems likely to agree that a member of the National Labor Relations Board may be fired by the president at will.
Are Trump's Tariffs Constitutional?
The International Emergency Economic Powers Act does not authorize the president's imposition of tariffs, a lawsuit alleges.
