The Appointments Clause Goes Fishing
A successful appointments clause challenge to Regional Fishery Management Councils. (Updated to fix block quotes)
Executive Power
Perils of Broad Presidential Power Over Tariffs
Donald Trump's plan for massive tariff increases is particularly dangerous because the White House could likely implement it without any new congressional authorization.
Most Justices Seem Inclined To Uphold the ATF's New Restrictions on Homemade Firearms
The Supreme Court is considering whether a rule targeting "ghost guns" exceeds the agency's statutory authority.
Voters' Yearning for a Dictator Is a Danger to the Country
Contrary to public desires, the presidency should be far less powerful.
'Sometimes You Need a Strongman,' Trump Declares
The former president's attempts to put a positive spin on the term are consistent with his alarmingly authoritarian instincts.
Executive Power Scholarship: A Three Level Problem
Reflections on that Twitter dust-up.
Special Counsel Jack Smith Files Revised Trump Indictment in Election Subversion Case
The revised indicment is intended to address the Supreme Court's presidential immunity ruling in Trump v. United States.
A Revised Trump Indictment Tries To Overcome the 'Presumption' of Presidential Immunity
In charging the former president with illegal election interference, Special Counsel Jack Smith emphasizes the defendant's personal motivation and private means.
16 Red States File Lawsuit Challenging Biden "Parole in Place" Program for Undocumented Immigrant Spouses of US Citizens
The lawsuit deserves to lose. But it may well lead to a prolonged legal battle.
Neither Harris Nor Her Party Perceives Any Constitutional Constraints on Gun Control
The 2024 Democratic platform devotes five paragraphs to firearm restrictions but does not even allude to the Second Amendment.
Does MAGA Want Unity and Peace—or Vengeance?
Reason's Zach Weissmueller talked with Trump supporters at the Republican National Convention about heated rhetoric, the weaponization of government, and plans for unity.
Federalism Could Heal a Divided Nation
There’s less reason to fight when one-size-fits-all policies are replaced with local diversity.
Determined To Avoid Presidential Paralysis, SCOTUS Endorses Presidential Impunity
We need not conjure "extreme hypotheticals" to understand the danger posed by an "energetic executive" who feels free to flout the law.
Seattle University Webinar on the Presidential Immunity Decision
I was one of the participants, along with many other legal scholars.
How Much Does the President Matter?
We've now had two consecutive presidential administrations deploy versions of this same argument in response to questions about the fitness of the man allegedly running the federal government.
Thoughts on the Trump Immunity Decision
The Supreme Court's flawed decision largely ignores text and original meaning, and fails to resolve crucial issues.
Presidential Immunity As a Question of Executive Power
There is no textual basis for "immunity" as such, but there are structural reasons why some degree of insulation is inevitable.
Goldsmith on the Trump Immunity Decision
A thoughtful, sober take on Trump v. United States.
Two SCOTUS Cases Show How an Unaccountable Administrative State Hurts 'Ordinary People'
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
Supreme Court's Presidential Immunity Ruling Could Shield Outrageous Abuses of Power
By requiring "absolute" immunity for some "official acts" and "presumptive" immunity for others, the justices cast doubt on the viability of Donald Trump's election interference prosecution.
Liberals in Biden Panic Mode Should Learn To Love Limits on Executive Power
The Supreme Court's recent rulings limiting the powers of the administrative state are a blessing for liberals who might not control the White House for much longer.
The Supreme Court's Decision Overruling Chevron is Important - But Less so than You Might Think
It won't end the administrative state or even significantly reduce the amount of federal regulation. But it's still a valuable step towards protecting the rule of law and curbing executive power.
SCOTUS Repudiates Doctrine That Gave Agencies a License To Invent Their Own Authority
The Court says Chevron deference allows bureaucrats to usurp a judicial function, creating "an eternal fog of uncertainty" about what the law allows or requires.
SCOTUS Rules SEC's In-House Handling of Securities Fraud Cases Violates the Right to Trial by Jury
The decision rejects a system in which the agency imposes civil penalties after investigating people and validating its own allegations.
Two Federal Courts Rule Against Biden's New Student Loan Forgiveness Plan on the Same Day
Both rulings were by Democratic-appointed judges - a result that bodes ill for the plan's future.
The Supreme Court's Dubious Use of History in Department of State v. Munoz
Justice Amy Coney Barrett's majority opinion includes significant errors, and violates some of her own precepts against excessive reliance on questionable history.
Critics Fundamentally Misconstrue the Supreme Court's Bump Stock Ruling
The case hinged on the ATF’s statutory authority, not the Second Amendment.
Biden Grants "Parole in Place" to Undocumented Immigrant Spouses of US Citizens
It's a good policy, authorized by the law. But it will likely face lawsuits, nonetheless, potentially leading to a prolonged legal battle.
Supreme Court Upholds the Rule of Law by Rejecting the Trump Administration's Bump Stock Ban
Six justices agreed that federal regulators had misconstrued the statutory definition of a machine gun.
Federal Court Rules 3 of 11 Plaintiff States Have Standing to Challenge Biden's New Student Loan Forgiveness Program
The decision allows the lawsuit to proceed, albeit with fewer plaintiffs.
The Collective-Action Constitution in an Era of Polarization and Animosity: An Elegy?
Fifth in a series of guest-blogging posts.
A Collective-Action Theory of the Constitution's Federal Structure
Fourth in a series of guest-blogging posts.
New UnPopulist Article About How Sanctuary Jurisdictions Can Help Curb Overreaching Presidents
I cover both liberal immigration sanctuaries and conservative gun sanctuaries, and the more general principles behind them.
SCOTUS Weighs the Risk of Presidential Timidity Against the Risk of Presidential Impunity
Most of the justices seem skeptical of granting Donald Trump complete immunity from criminal prosecution for "official acts."
The Alarming Implications of Trump's Immunity Claim
The Supreme Court will decide whether former presidents can avoid criminal prosecution by avoiding impeachment and removal.
The Best of Reason: Culture Warrior in Chief
The modern presidency is a divider, not a uniter. It has become far too powerful to be anything else.
What Should a Textualist Think about Trump's Claims of Presidential Immunity?
An interesting amicus brief urges the justices not to rely upon penumbras and emanations in construing the scope of Presidential immunity.
Are U.S. Strikes on Houthis Constitutional?
Joe Biden is the latest of a string of presidents to deny Congress its rightful role in war making.
Culture Warrior in Chief
The modern presidency is a divider, not a uniter. It has become far too powerful to be anything else.
Supreme Court Shows Little Interest in Investigating Executive Power under the Antiquities Act
Yet another case that Justice Kavanaugh would like to hear that does not interest enough of his colleagues.
The Lesson of COVID-19: Don't Give Government More Power
The pandemic showed that America's founders were right to create a system of checks and balances that made it hard for leaders to easily have their way.
SCOTUS Ponders the Implications of Prosecuting Gun Owners for a Crime Invented by Bureaucrats
Several justices seemed troubled by an ATF rule that purports to ban bump stocks by reinterpreting the federal definition of machine guns.
4 Reasons Trump Says a Judge Should Dismiss Charges in the Classified Documents Case
His lawyers assert presidential immunity and discretion, criticize an "unconstitutionally vague" statute, and question the special counsel's legal status.
The D.C. Circuit Unanimously Rejects Trump's Audacious Presidential Immunity Claim
The appeals court says it "cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter."
Biden Reportedly Is Planning To Unilaterally Mandate Background Checks for All Gun Sales
A watchdog group cites ATF "whistleblowers" who describe a proposed policy that would be plainly inconsistent with federal law.
12 Senators Urge the DEA To Legalize Marijuana, Which Only Congress Can Do
Under the Controlled Substances Act, the agency does not have the discretion to "deschedule marijuana altogether."
Josh Hawley Thinks the White House Can Force an Aluminum Plant To Stay Open
Should there be any limits to a president's power to centrally plan the economy? Apparently not.
Accused of Dictatorial Ambitions, Trump Doubles Down on Authoritarianism
His understanding of effective leadership and policing should repel anyone who cares about civil liberties and the rule of law.
