In a well-reasoned opinion, the district court rejects the former President's efforts to prevent the release of information by the National Archives to the January 6 Committee.
Congress prepares to assert its investigative authority.
President Trump is telling former aides to assert executive privilege to frustrate the congressional investigation of January 6.
The Prohibition-era three-tier system is causing consolidation, not the market.
The history isn’t unambiguous, but it leans toward expanding impeachment beyond criminal offenses.
History supports neither the plenary presidential power advocated by some nor the complete congressional dominance advocated by others.
Floyd was arrested for selling crack by a crooked Houston narcotics cop who repeatedly lied to implicate people in drug crimes.
A revival of the nondelegation doctrine isn’t likely to massively retrench either the scope of the regulatory state or the president’s ability to steer agency discretion.
Behind the technicalities of the appointment and removal power is a difficult tradeoff between democratic accountability and impartiality in implementing laws.
Political polarization inevitably warps our views of presidential actions, making an even-handed approach all the more crucial.
The Washington Post columnist says President Joe Biden isn't a progressive but "will go where the [Democratic] party goes, and the party is being driven by other people."
The expulsions, ordered by the CDC for the supposed purpose of stopping the spread of Covid-19, are illegal for much the same reasons as was the CDC eviction moratorium recently struck down by the Supreme Court.
A broad standard with no exceptions better serves his goals, but it will be harder to defend in court.
The presidency has always been inclined to unilateral power—and many Americans like it that way.
Some parts are both good policy and legally unproblematic. Others - particularly the mandate imposed on private employers - are legally dubious and would set a dangerous precedent if upheld by courts.
OSHA has rarely used this option, which avoids the usual rule-making process, and most challenges to such edicts have been successful.
Emergency OSHA rules are frequently struck down by courts.
Plus: The vaccine and abortion debates, a promising jobs report, and more...
Biden's sudden embrace of a federal vaccine requirement seems inconsistent with his acknowledgment that he cannot mandate every COVID-19 precaution he'd like people to follow.
Yale Law School Prof. Cristina Rodriguez and I discussed this timely subject with host Stephen Henderson.
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
This outcome was widely expected by legal commentators.
The administration issued the order even while conceding that it lacked the authority to do so.
Plus: The FBI had at least a dozen informants helping put together the plot to kidnap Michigan's governor, price controls fail again, and more.
Don't let naysayers fool you. Richard Branson's space flight is a boon for society.
It could, if it actually had the vast public health powers that the Biden administration claims it does.
New York's new law seems to conflict with a federal statute that protects manufacturers and dealers from liability for gun crimes.
Repealing the law that allowed America to depose Saddam Hussein won't stop us from waging war elsewhere.
The COVID-19 pandemic showed the dangers of letting governors unilaterally, dramatically, and indefinitely magnify their own powers.
The resolution is part of a broader movement to rein in executive power during emergencies.
The state is scheduled to ease its lockdowns on June 15. But Newsom still wants the power to control the terms.
A panel from the 2021 Federalist Society Ohio Lawyers Chapters Conference
Voters in Pittsburgh banned no-knock police raids and solitary confinement too.
The online event features panels on a wide range of issues related to executive power, including one on federalism where I will be one of the participants.
Plus: Is the coronavirus vaccine the most libertarian vaccine yet?
For Biden, the pandemic has become a catchall justification for a slew of big-government programs that he and the Democratic Party already wanted to pursue.
Destroying the ability of freelancers to make a living is union protectionism, not economic opportunity.
This is a subsidy for the schools, not the students.
Biden tonight, like LBJ in 1964, Ford in 1975, Reagan in 1981, and Obama in 2009, is ready to make some terraforming asks to a pliant Congress.
Executive order leaves it to individual businesses, not the government.
This is the conclusion of the Yale Journal on Regulation symposium about the book.
Even during a pandemic, major changes to laws and policies should be funneled through state assemblies.
Plus: GOP gender policing in North Carolina, marijuana legalization mistakes, and more...
The president's unilateral restrictions are legally dubious and unlikely to "save lives."
Contributors include a variety of legal scholars, including, Jessica Bulman-Pozen, Dan Farber, and myself, among others.
The new order is similar to the old, but includes an extensive section defending the measure on public health grounds.
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