Trump's New Birthright Citizenship Executive Orders Are Mostly Theater
The two measures combine unconstitutional provisions with performance art.
Executive Power
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.
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.
The End of Independent Agencies
The death of Humphrey's Executor was foretold, but some of the consequences may not have been anticipated.
Trump Plans to Impose New Illegal Tariffs on Canada
The 50% tariffs on many Canadian imports are based on the long-defunct Section 338 of the notorious Smoot-Hawley tariff act.
4 Takeaways From the Supreme Court's 2025–2026 Term
From executive power to civil liberties, what to make of a momentous year at SCOTUS?
Clarence Thomas Doubled Down on Presidential Power
The conservative justice pushed for greater executive authority even in cases in which Trump won.
Video of National Constitution Center Conference on "2026 Supreme Court Review: Key Decisions, Executive Power, Civil Discourse"
Three different VC bloggers were among the speakers: Jonathan Adler, Keith Whittington, and myself.
Can the Supreme Court Still Restrain Executive Power?
Clark Neily discusses the Supreme Court, executive authority, and why federal prosecutors wield too much power.
Two Cheers for Chief Justice Roberts on the Unitary Executive
Trump v. Slaughter is a big win; Trump v. Cook is embarrassing given the posture of the case as explained in the dissents.
Here Are Some Ways SCOTUS Can Constrain Federal Agencies That Are Now Subject to Trump's Untrammeled Control
The Supreme Court has "no shortage of tools" to enforce the separation of powers, Justice Neil Gorsuch notes. "The only real question is whether we will use them."
Gorsuch Warns About Executive Overreach While Expanding Trump's Power
The Supreme Court extended presidential control over federal agencies. What could go wrong?
Can Trump v. Slaughter be Used to Challenge the Continued Legality of Executive Agencies Congress Intended to be Independent?
If the laws requiring such agencies to be independent are unconstitutional, it may be that very existence of those agencies is also now illegal.
Can the Supreme Court Slaughter Slaughter Without Cooking Cook?
Tensions between today's two major presidential removal power decisions.
Can the President Fire Anyone He Wants? Yes, Unless the Target Is Part of the Federal Reserve.
In a pair of decisions on Monday, the Supreme Court ruled that presidents have full authority to fire heads of executive branch agencies—but that the Fed is different.
Supreme Court Ends Agency "Independence," Save for the Federal Reserve
As expected, the Supreme Court overturns Humphrey's Executor, but reaffirms the independence of the Federal Reserve.
The Senate's Failure To Rein in Trump on Iran Is Part of a Long History of Congress Abdicating Its War Powers
War making in "the power of a single man" is not what the Founders intended.
The Supreme Court's Badly Flawed Ruling in the Haiti TPS Case
Extensive evidence indicates that the decision to end Temporary Protected Status for Haitian migrants was motivated by unconstitutional racial and ethnic discrimination. The Court's ruling on statutory issues also has flaws.
Supreme Court Lets Trump End Temporary Protected Status for Haitian and Syrian Nationals Residing in U.S.
Understanding the 6–3 decision in Mullin v. Doe.
D.C. Circuit Rejects Challenge to Trump Administration Expedited Removal Policy (Is an En Banc Petition to Follow?)
Is the D.C. Circuit willing to allow "conservative" panel decisions on hot-button issues to stand? And is en banc review more than a way to ensure further review at One First Street?
The Trump Administration Seriously Considered Unilaterally Suspending the Writ of Habeas Corpus
The proposal was nixed only after White House Staff Secretary Will Scharf explained why it was legally dubious.
Trump, Scalia, and the Unitary Executive
How a four-decade-old dissent may now help the president fire independent federal agency heads at will
An Unconstitutional War Results in a Bad Deal
Trump's failure to secure constitutionally required congressional authorization for his war with Iran helped ensure the US lacked the staying power necessary to prevail.
The Courts Should Rein in Trump's Proposed Section 301 Tariffs as Well
A guest post by Georgetown legal scholar Peter E. Harrell.
Federal Circuit Stays Enforcement of Ruling Against Trump's Section 122 Tariffs
The ruling is flawed on both substantive and procedural grounds.
Trump's Position in the White House Ballroom Case Reflects His General Resistance to Judicial Review
The president has repeatedly argued that courts have no business deciding whether his actions are legal.
Trump's $100,000 H-1B Visa Fee Is an Unconstitutional Tax, a Federal Judge Rules
U.S. District Judge Leo Sorokin struck down the fee, saying it exceeds the president's statutory authority and violates the separation of powers.
DOJ Claim That Trump Could 'Bulldoze' Statue of Liberty Fits a Pattern
It's the latest example of Justice Department attorneys claiming broad and unreviewable powers for the president.
Federal Court Invalidates Trump's $100,000 H-1B Visa Fee as Illegal Usurpation of Congress' Power to Tax
The ruling relies in part on the Supreme Court's decision in the tariff case.
Trump's Dubious New Section 301 Tariffs
They appear to be yet another illegal power grab, one that should be challenged in court.
Trump Administration Will Appeal Ruling Requiring Tariff Refunds
They claim the injunction requiring refunds cannot be universal, and can only apply to those businesses who filed lawsuits seeking recovery.
President Trump Doesn't Need Congressional Approval for His Actions as to Iran
Congress can only stop Trump’s actions in Iran by passing a concurrent resolution of both Houses over Trump’s veto, or by declining to fund the war in next year’s budget.
Video of my Bruno Leoni Institute (Milan) Talk on the Supreme Court Tariff Decision and its Implications
I gave the talk earlier this week.
US Court of International Trade Refuses to Stay Injunction Against Trump's Section 122 Tariffs
The decision means the injunction blocking collection of the tariffs will not be blocked while litigation continues.
Unitelma Sapienza University Talk and Interview About "Threats to Liberal Democracy in the United States - And How To Counter Them"
Videos of my presentation and interview on this topic at a major Italian university.
US Court of International Trade Rules Against Trump's Section 122 Tariffs
The 2-1 decision concludes Trump's massive new tariffs are illegal because there is no "balance of payments deficit" of the kind needed to authorize them.
11 Big SCOTUS Cases That Will Be Decided Soon
From immigration and guns to executive power, transgender athletes, and mail-in ballots, these are the Supreme Court cases to watch out for in May and June.
