Massachusetts Abandons Its Puzzling Public Health Distinction Between Casinos and Video Arcades
A week after being sued over his arbitrary COVID-19 policy, Gov. Charlie Baker says he will allow arcades to reopen.
A week after being sued over his arbitrary COVID-19 policy, Gov. Charlie Baker says he will allow arcades to reopen.
These proposals augment those made in Paul Rosenzweig and Vishnu Kannan's important recent article on the subject.
For the moment, the executive "memorandum" is long on rhetoric, but short on actual action. If it ever does lead to action, it could be yet another attack on federalism and separation of powers.
The Trump administration's new nationwide eviction moratorium provokes a backlash from some congressional Republicans.
It's a power grab that could undermine federalism and separation of powers, and imperil property rights.
"I know what moral panics look like; they look kind of like this."
A preliminary assessment of Trump v. Mazars and Trump v. Vance.
Both major parties defend the Constitution only when it's convenient.
Will his blunt self-aggrandizement reinvigorate concerns about presidents who exceed their powers?
New York City's primary election fiasco reveals gross incompetence rather than fraud.
Department of Homeland Security
The lack of Senate-confirmed officers at DHS is a serious problem.
The lawsuit raises a variety of important issues, including a nondelegation challenge. It could turn out to be a very significant case.
Whitmer's argument is short on facts and legal reasoning.
The president’s heavy-handed response to protests against police brutality belies his promise of "law and order."
Two centuries of precedents say the president is not immune from judicial process.
An analysis finds that Trump is both more stingy and more self-serving than his predecessors in how he has used the pardon power to date
The Supreme Court weighs the legality of subpoenaing Trump’s financial records.
The Supreme Court rejected Donald Trump's claims of immunity, but reaffirmed limits on investigatory powers, and ruled in favor of Native American tribal claims against Oklahoma.
SCOTUS rules 5–4 in Seila Law v. Consumer Financial Protection Bureau.
The article explains why these policies, which made made America more closed to immigration than at any previous time in history, are both harmful and a dangerous executive power grab.
In it I explain how to reform a federal law the Supreme Court has interpreted as giving the president nearly unlimited power to ban migrants from entering the United States.
It's great that Gov. Gavin Newsom is finally looking at costs and benefits. But don't kid yourself. None of it has anything to do with "science."
A president who can attach his own new conditions to federal grants to states could use that power to undermine state autonomy on many issues - especially now that federal spending has been massively expanded during the coronavirus crisis.
There is a difference between reporting facts that make the president uncomfortable and manufacturing facts to fit a preconceived view of him.
There was a potentially pivotal exchange in today's Supreme Court oral argument over the House subpoenas seeking the President's financial records.
An abuse of power that doesn't violate federal fraud statutes can still be an impeachable offense - and still violate other criminal law.
Why does it matter is a federal agency is independent of Presidential control? Ask the Department of Defense.
In an interview, the freshly-minted presidential candidate talks abortion, the "spoiler" charge, and Joe Biden's flip-flopping, while insisting that 2020 is a "winnable race."
Plus: Justin Amash seeking L.P. nomination, pandemic hasn't halted FDA war on vaping, and more
While denying Donald Trump's dictatorial impulses, William Barr notes that public health emergencies do not give governments unlimited powers.
Plus: New York legalizes Zoom weddings, federal labeling laws exacerbate grocery store shortages, and more...
The president contemplates a sweeping exercise of executive authority.
It's not the politicians who have the power to reopen America, or at least the parts that are now closed. It's individuals, families, businesses, and religious congregations.
The president has a history of asserting powers he does not actually have.
Plus: Americans plan to stay home for months, courts block more abortion bans, Amash "looking closely" at presidential run, and more...
"Presidential emergency action documents” concocted under prior administrations purport to give him such authority, according to a New York Times op-ed.
Hungary's Viktor Orbán consolidates power, Harvard's Adrian Vermeule fantasizes about wielding it, and many of those who oppose authoritarian conservativism beg Donald Trump to close the country down.
Takeout and delivery orders are the only thing keeping the state's 115 craft breweries afloat during the coronavirus outbreak.
“Why should courts, charged with the independent and neutral interpretation of the laws Congress has enacted, defer to such bureaucratic pirouetting?”
This inability to agree on the nature of the national interest is endemic not just to the new nationalism, but to all of politics.
The presidential candidate reserves the right to wage unauthorized wars, kill Americans in foreign countries, prosecute journalists, and selectively flout the law.
The legal battle over immigration, federalism, and executive power heats up.
The argument requires several controversial assumptions and leaps of logic.
Kehinde Wiley's pre-presidential works criticized inequalities and hierarchies of power. His presidential portrait doesn't do the same.
The president remains frankly puzzled by the distinction between can and should.
Other possible legal challenges to Trump's expanded travel ban may be precluded by the Supreme Court's ruling in Trump v. Hawaii. This one is not.
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