Even Blue-Collar Workers Have Turned Against Trump's Unpopular Tariffs
A new poll shows that Americans are soundly rejecting the Trump administration's big government policies.
Executive Branch
Trump Keeps Coming Up With Legally Dubious Tariff Justifications
Trump launched his third round of broad tariffs after his first two attempts ran into legal trouble.
Trump's Plan To Buy Russian Diesel Would Violate Federal Law
If laws passed by Congress do not apply to presidential actions, then we no longer live in a democracy.
A New Supreme Court Case Tests the Limits of Judicial Deference to Federal Agencies
What’s at stake in Beaird v. United States.
Trump Has Been Trampling Free Speech for More Than 40 Years—and It Keeps Getting Worse
The president stands out from his modern predecessors by openly displaying his contempt for the First Amendment.
My New Lawfare Article on Why "The President Doesn't Have Unlimited Power to Impose Import Bans"
Many of the same constitutional and other constraints apply as with tariffs.
Justice Gorsuch on Abuse of Emergency Powers
In a recent talk, he decried a situation where "everything is an emergency."
Want To Stop the Iran War? Don't Pay the Bill
Congress can stop Trump's Iran war by failing to fund it.
Second Federal Court Rules Against Trump's $100,000 H-1B Visa Fee
The court ruled that the imposition of the fee violates the Administrative Procedure Act.
How Murdering Suspected Drug Smugglers Became the New Normal
A year after launching his explosive antidrug campaign, President Donald Trump routinely rains death on alleged cocaine couriers.
My New Montreal Economic Institute Paper on "The Legal Battle Over Trump's Tariffs: Implications for Canada"
The paper provides an overview of the legal vulnerabilities of the Trump tariffs against Canadian goods, and what can be done to prevent a recurrence of his abuses.
California Wants to Write America's AI Rules
Newsom's expert panel has two months to consider new AI rules, including "kill switches," that could spread nationwide.
Trump Re-Ups His Threat To Raze the Kennedy Center Unless He Can Slap His Name on It
After a federal judge rejected his attempts at self-glorification, Trump said the building will "end up being ripped down" if he does not get the "recognition" he wants.
No, Cutting Off Trade With Europe Would Not Make America Wealthier
Trump's zero-sum trade talk is wrongheaded and authoritarian.
Thomas and Alito Are More Reliable Votes for Trump Than His Own Supreme Court Appointees
The conservative legal movement may be winning big at the Supreme Court. But Trump is not.
Montreal Economic Institute Webinar on Legal Challenges to the Trump Tariffs Against Canadian Goods
I will be one of the speakers.
Former Trade Officials Explain Why Trump's Section 301 Tariffs Are Illegal
Their brief says the president is asserting "essentially boundless" authority to impose "economy-wide tariffs untethered from the statute Congress enacted."
Trump Again Condemns His Supreme Court Nominees As Too Cowardly To Agree With Him
The president's latest tirade against recalcitrant justices reflects his open contempt for judicial review.
Our New Amicus Brief in the Section 301 Tariff Case
The Cato Institute, Michael McConnell, and I filed an amicus brief in litigation challenging Trump's massive Section 301 tariffs, which use "forced labor" as a pretext for sweeping protectionism.
Major Questions, Nondelegation, and the Section 338 Tariffs Against Canada
Why the major questions and nondelegation doctrines bolster the legal case against Trump's Section 338 tariffs.
First Circuit Refuses to Stay District Court Injunction Against Trump's Executive Order on Mail-In Voting
The Court rightly ruled the executive branch has no authority to restrict mail-in voting.
Our New Federal Circuit Amicus Brief in the Section 122 Tariff Case
The brief explains why the Section 122 tariffs are illegal and run afoul of the major questions and nondelegation doctrines.
Trump Is Expanding Executive Power. Democrats Are Already Eyeing the New Tools.
Some Democrats are licking their chops over other economic powers that Trump has claimed for the presidency.
John Roberts Overruled Trump's Tariffs. But He Can't Seem To Stop Trump's Ballroom.
The chief justice finds himself in dissent in his latest showdown with the president.
Trump's White House Ballroom Is a Monument to His Lawlessness
By unilaterally razing and replacing the East Wing, the president again shows his disregard for the rule of law and the separation of powers.
Trump Imposes Harmful and Illegal Section 338 Tariffs Against Many Canadian Imports
Section 338 is a long-defunct part of the notorious Smoot-Hawley Tariff Act of 1930.
Congress Is Trying To Give Trump More Tariff Powers. He Wants Even More.
A bill to sanction Russia would allow the president to place 100 percent tariffs on goods from countries that buy Russian fossil fuels.
Ninth Circuit Rejects Trump Administration Acting U.S. Attorney Appointment
A persuasive opinion by Judge Eric Miller curtails the Trump Administration's attempt to color outside the lines.
Trump Courts Another Legal Defeat on Birthright Citizenship
Less than two months after losing at SCOTUS, Trump tries again with more misguided executive orders.
Trump's Assault on Judicial Review Undermines a Crucial Safeguard Against Tyranny
In one case after another, the president has tried to cut the courts out of the picture painted by the Framers.
Jeff Merkley Wants To Save Big Government From Donald Trump
The Oregon senator's "For Our Republic Act" would check many of the president's abuses while preserving the powerful federal state he commands.
I Played a Game Simulating the Aftermath of the 2028 Election. Here's How It Went.
The Democratic nominee won five swing states by less than one percentage point. Then things got crazy.
Trump Administration Claims Executive Privilege Over White House Conversations With Private Advisers
Transparency advocates say it's the latest attempt to hide more of the executive branch's business from the public and congressional investigations.
D.C. Circuit Upholds Injunction Against Trump's Ballroom
The Constitution assigns control of federal property to Congress, which never approved the president's demolition and replacement of the East Wing.
Trump's New Birthright Citizenship Executive Orders Are Mostly Theater
The two measures combine unconstitutional provisions with performance art.
My New Dispatch Article on Trump's Section 301 "Forced Labor" Tariffs
The article explains why the new tariffs are harmful and illegal for many of same reasons as those invalidated by the Supreme Court.
Prospective Legal Challenges to Trump's Section 338 Tariffs Against Canada
A guest post by Georgetown legal scholars Peter E. Harrell and Jennifer Hillman.
David Cole's Qualified Defense of the Supreme Court
The prominent liberal legal scholar and former ACLU leader outlines how the Court has often checked Trump, but also critiques it for going against precedent.
Updated Version of My Article "Immigration is Not Invasion"
It is now available on SSRN. This revision adds additional points, and takes account of various recent events.
My New UnPopulist Article on Why "Court-Packing is a Dangerous Gambit Best Avoided"
It responds to a creative court-packing proposal put forward by Andy Craig.
How Trump's Tariffs Undermine US Trustworthiness and Credibility—and What Can Be Done to Stop it
Economist David Hebert highlights an underappreciated danger of Trump's tariff mania. It's a serious problem, but one that can at least be mitigated.
Trump Says He Believes in Giving People a 'Second Chance.' For 6,000 People, the Answer Was No.
The administration this month denied thousands of clemency applications.
Second Lawsuit Challenging Trump's New Section 301 Tariffs Filed
It was filed by several businesses, including Learning Resources, Inc., which was also involved in the IEEPA tariff litigation.
Liberty Justice Center Files First Lawsuit Challenging Trump's Massive New Section 301 Tariffs
The complaint explains why the tariffs violate the requirements of Section 301, and also run afoul of the major questions and nondelegation doctrines.
Trump's Newest Tariffs Are Likely Illegal Too
The Section 301 tariffs announced on Thursday overstep the powers granted by Congress and likely run afoul of the major questions doctrine.
Trump Imposes Massively Harmful and Illegal Section 301 Tariffs
The new policy is based on sham investigations, and runs afoul of the major questions and nondelegation doctrine.
