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.
The Supreme Court seems likely to agree that a member of the National Labor Relations Board may be fired by the president at will.
The International Emergency Economic Powers Act does not authorize the president's imposition of tariffs, a lawsuit alleges.
They weren't authorized by Congress and go against the major questions and nondelegation doctrines.
The Trump administration says it is shameful even to suggest that immigration agents could make such errors.
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.
Alleged criminal aliens may face legal punishment. But only after receiving due process of law.
Donald Trump is determined to make everything from Canadian whiskey to Mexican avocados more expensive. Can anyone stop him?
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.
The 2-1 ruling is procedural, but strongly suggests the majority judges also reject the Trump administration's position on the merits.
Judge Boasberg ruled the migrants are entitled to due process in determing whether they really are "alien enemies" covered by the Act.
An unconstitutional act is still unconstitutional even if lots of people support it.
The feds have no constitutional authorization to meddle in education.
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.
Links to audios of a Cato Institute podcast and an interview with ABC News (Australia).
The participants were Adam Cox (NYU) and myself.
"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.
The removals challenge Humphrey’s Executor, a Supreme Court precedent that protects independent agency officials from political firings.
President Trump acts to remove two Democratic commissioners from the Federal Trade Commission. Litigation is likely.
Plus: Texas midwife arrested for violating abortion ban, JFK files, Gaza bombings, astronauts finally rescued, and more...
They used the Act to deport some 137 Venezuelan migrants to El Salvador even after a federal court issued a temporary restraining order blocking such action.
The president says those legislators are "subject to investigation at the highest level," notwithstanding their pardons and the Speech or Debate Clause.
Trump is destroying a valuable source of American "soft power" and an inspiration to people suffering under authoritarian regimes.
If courts allow Trump to get away with using the Act in peacetime, it would set a dangerous precedent.
The article is coauthored with Cato Institute scholar David Bier.
The cowardice of Congress will continue fueling the growth of executive power.
Presidential pardons have become a tool of favoritism and politics.
Threats to impeach federal judges who rule against the government are a naked attack on their constitutionally crucial function.
While overturning sentences through courts can take years, a grant of clemency is instantaneous.
The panel did not believe the Office of Special Counsel could be distinguished from the Consumer Financial Protection Bureau or Federal Housing Finance Authority.
For now, President Trump has removed Hampton Dellinger as head of the Office of Special Counsel.
A smaller government with a more powerful set of unaccountable executive officials is unlikely to be much of a win for liberty.
Making policy and passing laws is supposed to be difficult and should be left to the messy channels established by the Constitution.
A discussion of whether and when the Supreme Court might overturn Humphrey's Executor v. United States.
The originalist case for a unitary executive falls apart in an era when many of the powers wielded by the executive branch were not originally supposed to be federal powers in the first place.
A district court judge has concluded that President Trump cannot remove the head of the Office of Special Counsel without cause. Supreme Court review is inevitable.
The presidential adviser's lack of formal authority complicates his cost-cutting mission.
The president is positioning himself to have much greater control over a smaller, enfeebled federal bureaucracy.
The move effectively retcons J.D. Vance's claim that legal Haitian immigrants were actually here illegally.
There's little question that Trump is taking the concept of the imperial presidency to its apogee.
His position is grounded in concerns about the separation of powers that presidents of both major parties have raised for many years.
In Captain America: Brave New World, a power-hungry president makes reckless choices and withholds vital information—but even he looks competent compared to Biden and Trump.
Vice President J.D. Vance believes presidents can ignore the courts in some situations. Are we heading for a constitutional crisis?
Federal judges in Washington and Maryland say the president's attack on birthright citizenship flouts the 14th Amendment and 127 years of judicial precedent.
The full transcript shows the president's complaints about the editing of the interview are not just wildly hyperbolic and legally groundless. They are demonstrably false.
Recent Supreme Court precedent suggests such challenges might prevail, though success is not guaranteed.
The company is worried that the president's complaints about a 60 Minutes interview with Kamala Harris could block a pending merger.
In four years, Biden issued regulations costing an estimated $1.8 trillion, by far the highest total in American history.
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