Executive Power
Trump's Iran Air Strikes and the Constitution
The strikes violate both the Constitution and the 1973 War Powers Act. Whether they are good policy is a more difficult question. This could turn out to be a rare instance where one of Trump's illegal actions has beneficial results.
The Attack on Iran Is Unlawful
Trump's attack on Iran plainly violates the War Powers Act. Limits on executive power are most important when they are inconvenient.
The 9th Circuit Rejects Trump's Audacious Claim That He Can Use the National Guard However He Likes
Although the appeals court said the president probably complied with the law he invoked to justify his California deployment, it emphasized that such decisions are subject to judicial review.
Trump Argues That He Can Take Over a State's National Guard Whenever He Feels Like It
The government's lawyer told a 9th Circuit panel the president's deployments are "unreviewable," so he need not even pretend to comply with the statute on which he is relying.
Whether or Not Trump Invokes It, the Insurrection Act Is Antiquated and Dangerously Broad
On its face, the law gives the president sweeping authority to deploy the military in response to domestic disorder.
Have Presidents Grown Too Powerful To Be Removed From Office?
Joe Biden showed that the 25th Amendment doesn't work. Donald Trump showed that impeachment is broken too.
The Restraining Order Against Federalizing the California National Guard Highlights Trump's Lawlessness
U.S. District Judge Charles Breyer concluded that the president failed to comply with the statute he cited—and violated the 10th Amendment too.
My New Verfassungsblog Article On "The Nondelegation Case Against Trump's New Travel Ban"
It explains why a nondelegation challenge could work and deserves to win, despite Trump v. Hawaii.
Federal Court Rightly Invalidates Trump's Illegal Federalization of California National Guard Troops
Trump's policy here is yet another example of abusive invocation of emergency powers.
Trump's L.A. National Guard Deployment Stands on Shaky Legal Ground
Plus: When Stalin Meets Star Wars.
The Trump Administration Is Escalating an Immigration Crisis It Promised To Resolve
The border is no longer the focus. Now, the White House wants you to believe that the crisis extends to nail salons, hardware stores, farms, and restaurants across the country.
Federal Circuit Grants Government's Motion for Stay Pending Appeal in Our Tariff Case
It's disappointing. But the court will hear the case on the merits on an expedited basis, and we have a strong case.
Defending the Court of International Trade Ruling Against Trump's Tariffs - A Reply to John Yoo
Yoo's criticisms are off the mark, for a variety of reasons. But, tellingly, he actually agrees Trump's IEEPA tariffs are illegal, merely disagreeing with the court's reasons for reaching that conclusion.
Defending the Court of International Trade Ruling Against Trump's Tariffs - A Reply to Jack Goldsmith
The CIT ruling is much stronger than Prof. Goldsmith contends. The same is true of a related ruling by federal District Court Judge Rudolph Contreras.
The Nondelegation Case Against Trump's Massive New Travel Ban
Trump v. Hawaii may block a challenge based on unconstitutional discrimination. But it does not preclude a nondelegation case. Other recent developments may actually bolster that approach.
This Small Business Is in Limbo As Owner Sues To Stop Trump's Tariffs
Next week could be a pivotal one, as a federal appeals court could decide whether to restore an injunction against Trump's tariffs.
The Legal Battle Over the Motion to Stay the Decision Against Trump's Tariffs
This crucial procedural issue is now before the US Court of Appeals for the Federal Circuit. Its resolution will determine whether the tariffs are immediately suspended, or get to continue so long as the case is stil being litigated.
A Federal Judge Orders Relief for Alleged Gang Members Deported and Imprisoned Without Due Process
Without such intervention, he warns, the government "could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action."
Michael McConnell on the Tariff Cases and their Significance
A leading conservative legal scholar explains why striking down Trump's IEEPA tariffs is vital to protecting the separation of powers.
Trump's Haste Begets Lawlessness
The president treats legal constraints as inconveniences that can be overridden by executive fiat.
Washington Post Article Stresses the Library of Congress's Name, but Largely Ignores Judicial Precedent …
that treats the Library of Congress as an Executive Branch department as to Presidential removal of the Librarian.
What J.D. Vance Gets Wrong About Judicial Deference to Executive Power
The federal courts are supposed to be a bulwark against presidential overreach, not a rubber stamp.
My New Atlantic Article on the Tariff Case and its Significance
It explains how the ruling is a win for separation of powers and the rule of law.
How Our Tariff Case Came About
The Wall Street Journal, CBC, and Time published good articles on the story behind the case filed by the Liberty Justice Center and myself.
Some Interviews About Our Tariff Case
Some of the more informative interviews I have done about our win in the case against Trump's tariffs, in lawsuit filed by the Liberty Justice Center and myself.
Federal District Court Issues Another Ruling Against Trump's IEEPA Tariffs
The decision by Judge Rudolph Contreras of the US District Court for the District Columbia holds IEEPA doesn't authorize the president to impose tariffs at all.
Did 'Activist Judges' Derail Trump's Tariffs?
No. One of the judges in Wednesday's unanimous ruling was a Trump appointee, and the ruling rested on important legal and constitutional principles.
We Won Our Tariff Case!
The Court of International Trade just issued a decision striking down Trump's "Liberation Day" tariffs and other IEEPA tariffs.
A Federal Court Just Blocked Trump's Tariffs
The Court of International Trade ruled that Trump's emergency economic powers do not include the authority to impose tariffs on nearly all imports.
A Federal Judge Lists 8 Ways That Trump Violated the Constitution by Punishing a Disfavored Law Firm
The president's crusade against attorneys whose work offends him, which defies the First Amendment and undermines the right to counsel, has provoked several judicial rebukes.
Trump's War on Law Firms Fails
Plus: Punk rock comptroller, dunking on Pete Hegseth, France embraces Canadian health care, and more...
President Trump Made History Last Week on the Supreme Court's Shadow Docket
The Supreme Court very strongly hinted that it will overrule, or greatly narrow, Humphrey's Executor v. United States (1935).
Video of Cato Institute Virtual Event on "Tariffs, Emergencies, and Presidential Power"
I spoke along with my Cato colleague Walter Olson.
The Case Against Judicial Deference to Executive Branch "Factual" Determinations in Alien Enemies Act Cases
Legal scholar Rebecca Ingber offers some strong arguments against deference in this context.
Thoughts on the Oral Argument in the Oregon Case Against Trump's IEEPA Tariffs
Like that in the similar case filed by Liberty Justice Center and myself, this one indicated judicial skepticism of Trump's claims to virtually unlimited power to impose tariffs.
The Executive Power Case That Unites Donald Trump and Franklin Roosevelt
Trump’s firing of a federal agency head may soon spell doom for a New Deal era precedent that limited presidential power.
Supreme Court Stays Reinstatement of Fired NLRB and MSPB Members
"Because the Constitution vests the executive power in the President, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents."
Forbes Interview on Developments in Our Case and Other Litigation Against Trump's "Liberation Day" Tariffs
I was interviewed by Brittany Lewis of Forbes.
Fourth Circuit Rules Against Trump Administration in Alien Enemies Act Case
In a 2-1 ruling, the Court ruled Trump's invocation of the Alien Enemies Act cannot supersede a settlement barring deportation of a group of migrants. One judge also held the AEA was invoked illegally.
Lee Kovarsky, D. Theodore Rave, and Steve Vladeck on Class Actions and the Alien Enemies Act Litigation
Kovarsky and Rave defend the use of class actions in AEA habeas cases. Vladeck highlights the significance of the Supreme Court's grant of an injunction to a "putative class" of AEA detainees.
My New Lawfare Article "Trump's 'Emergencies' Are Pretexts for Undermining the Constitution"
The article explains why these claims to emergency powers are illegal and dangerous, and how to stop them.
Trump (Partially) Wins an Alien Enemies Act Case
In a badly flawed decision, a federal district court ruled that Trump can invoke the AEA because the Tren de Aragua drug gang's activities amount to a "predatory incursion."
New Republic Podcast Interview on Our Case Against Trump's "Liberation Day" Tariffs [Updated With Embedded Audio]
Greg Sargent of the New Republic interviewed me.
Trump's 'Deal' With China Leaves American Consumers and Exporters Facing Higher Tariffs Than Before
The White House calls it "the art of the deal," but a 30 percent tariff on imports from China is economically damaging and constitutionally dubious.
