Federal District Court Issues Another Ruling Against Trump's IEEPA Tariffs
The decision by Judge Rudolph Contreras of the US District Court for the District Columbia holds IEEPA doesn't authorize the president to impose tariffs at all.
The decision by Judge Rudolph Contreras of the US District Court for the District Columbia holds IEEPA doesn't authorize the president to impose tariffs at all.
No. One of the judges in Wednesday's unanimous ruling was a Trump appointee, and the ruling rested on important legal and constitutional principles.
John Moore and Tanner Mansell were convicted of theft after they freed sharks they erroneously thought had been caught illegally.
The Court of International Trade just issued a decision striking down Trump's "Liberation Day" tariffs and other IEEPA tariffs.
The Court of International Trade ruled that Trump's emergency economic powers do not include the authority to impose tariffs on nearly all imports.
The president's crusade against attorneys whose work offends him, which defies the First Amendment and undermines the right to counsel, has provoked several judicial rebukes.
Plus: Punk rock comptroller, dunking on Pete Hegseth, France embraces Canadian health care, and more...
The Supreme Court very strongly hinted that it will overrule, or greatly narrow, Humphrey's Executor v. United States (1935).
I spoke along with my Cato colleague Walter Olson.
Scott Jenkins was convicted of engaging in cartoonish levels of corruption. If the rule of law only applies to the little guy, then it isn't worth much.
Legal scholar Rebecca Ingber offers some strong arguments against deference in this context.
Like that in the similar case filed by Liberty Justice Center and myself, this one indicated judicial skepticism of Trump's claims to virtually unlimited power to impose tariffs.
Trump’s firing of a federal agency head may soon spell doom for a New Deal era precedent that limited presidential power.
"Because the Constitution vests the executive power in the President, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents."
Mark Meador thinks the Federal Trade Commission may have the legal right to investigate nonprofits that “advocate for the interests of giant corporations” if they don’t disclose their donors.
The executive order is likely unconstitutional, but if implemented as written, it would be detrimental to the American health care market.
I was interviewed by Brittany Lewis of Forbes.
In a 2-1 ruling, the Court ruled Trump's invocation of the Alien Enemies Act cannot supersede a settlement barring deportation of a group of migrants. One judge also held the AEA was invoked illegally.
Kovarsky and Rave defend the use of class actions in AEA habeas cases. Vladeck highlights the significance of the Supreme Court's grant of an injunction to a "putative class" of AEA detainees.
President Donald Trump's executive order empowering local cops will create bad incentives that could prove costly for law-abiding citizens.
The article explains why these claims to emergency powers are illegal and dangerous, and how to stop them.
In a badly flawed decision, a federal district court ruled that Trump can invoke the AEA because the Tren de Aragua drug gang's activities amount to a "predatory incursion."
Greg Sargent of the New Republic interviewed me.
The White House calls it "the art of the deal," but a 30 percent tariff on imports from China is economically damaging and constitutionally dubious.
Trump rightly decries the "absurd and unjust" consequences of proliferating regulatory crimes.
Outcomes are hard to predict. But the judges seemed skeptical of the government's claim that Trump has virtually unlimited authority to impose tariffs.
The president hopes to introduce even more government intervention into health care.
One of the justices wrote extensively about when and whether the writ of habeas corpus may be suspended.
Briefs urging the Supreme Court to stay injunctions against the order challenge "the conventional wisdom" about the meaning of an 1898 decision interpreting the 14th Amendment.
Biden's pardons for friends and Trump's blanket pardons for January 6 participants set terrible precedents.
From Qatar, with love, a "palace in the sky."
Democrats tried to alter unconstitutionally the membership of the Supreme Court; they extorted Facebook into censoring free speech; they issued presidential executive orders unsupported by statute; and they pushed unprecedented prosecutions of Biden's predecessor in office, and his 2024 opponent, in the presidential race.
The court instituted a preliminary injunction against the Administration's use of the Act to deport Venezuelans.
Steve Inskeep of NPR interviewed me about the case against Trump's "Liberation Day" tariffs.
Trump admits he could return migrant illegally deported to El Salvador. And an intelligence community report concludes the Tren de Aragua drug gang isn't controlled by the Venezuelan government.
The Southern District of New York rules Trump invoked the Act illegally, because there is no "invasion" or "predatory incursion."
"I've been very vocal about congressional authority under a Democratic president or now under a Republican president," the Washington state congresswoman tells Reason.
Trump's new imperialism makes neither economic nor geopolitical sense.
Impoundment, line-item vetoes, and the tricky problem of cutting spending through the executive branch
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.
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.
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."
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