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?
Executive Power
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.
Congress Gave Away Its Authority To Declare War and Enabled Trump's Iran War
Congress hasn't voted to declare war since 1942, yet the legislative branch constantly refuses to rein in presidents.
The Major Questions Doctrine Constrains Presidential Power Over Elections
It limits executive power grabs in this field, as well as others.
Trump Had 60 Days To End the Iran War. Instead, He's Just Pretending It's Over.
Legally, Trump must either cease operations or ask Congress for approval. He did neither, and Congress just went on recess.
Rethinking Conservative Approaches to Executive Power
Conservative legal commentator Gregg Nunziata outlines reasons why conservatives should reject broad views of executive power.
Trump Administration Presents Update on its Tariff Refund Plan
The plan is not completely terrible. But many importers may still have difficulty getting the refund money owed to them.
Thoughts on Today's Oral Argument in the Section 122 Tariff Cases
The outcome is unclear. But the judges seemed skeptical of the Trump Administration's claims that Section 122 grants them sweeping tariff powers.
In New Tariff Cases, Trump Asserts 'Unreviewable' Power To Invent a Balance-of-Payments Deficit
The Court of International Trade is weighing the legality of the import taxes that the president wants to impose under Section 122 of the Trade Act of 1974.
Lindsey Graham Says the President Can Start a War, but Only Congress Can End It
The feeling is perfectly consistent: Graham feels it should be as easy as possible for the U.S. to start a war, and as hard as possible to end one.
Our Amicus Brief in the Section 122 Tariff Case
I submitted the brief on behalf of the Cato Institute and myself.
With His Grandiose White House Ballroom Plan, Trump Again Asserts the Power To Do As He Pleases
"No statute comes close to giving the President the authority he claims to have," U.S. District Judge Richard Leon concluded when he enjoined the project.
Trump's College Sports Executive Order Adds Chaos to an Already Wild Legal War
Plus: Fox and Sinclair go crying to the FCC over sports streaming, and the Masters ticket lottery makes it too hard to get in
Nationwide Injunctions, a Crucial Check on Presidential Power, Are Not Dead Yet
Both Donald Trump and Joe Biden asked the Supreme Court to abolish nationwide injunctions, which allow federal judges to stop a federal policy from going into effect.
Trump Realized He Can Just Do Things. Who Can Stop Him?
There are far too few checks left on executive power.
