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.
Executive Power
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.
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.
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.
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.
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.
Why Trump's "Liberation Day" Tariffs are Illegal
They weren't authorized by Congress and go against the major questions and nondelegation doctrines.
Joe Rogan Is Right: It Is 'Kind of Crazy' To Deport Innocent People Mistakenly Identified As Gang Members
The Trump administration says it is shameful even to suggest that immigration agents could make such errors.
Looking for Plaintiffs to Challenge Trump's IEEPA Tariffs in Court
The Liberty Justice Center and I are looking for appropriate plaintiffs to bring this type of case. LJC (a prominent public interest law firm) can represent them pro bono.
Trump's Use of the Alien Enemies Act Violates Madison's View of Presidential Power
Alleged criminal aliens may face legal punishment. But only after receiving due process of law.
The Hidden Politics of Whiskey Prices
Donald Trump is determined to make everything from Canadian whiskey to Mexican avocados more expensive. Can anyone stop him?
Lee Kovarsky on the Venue Issue in the Alien Enemies Act Case
A leading expert on habeas corpus explains why the Trump Administration is wrong to claim the case must be heard in Texas, rather than Washington, DC.
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.
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.
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.
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.
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.
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.
