Executive Branch
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."
Supreme Court Affirms Original Meaning of Birthright Citizenship, Strikes Down Trump's Executive Order
Understanding Trump v. Barbara.
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.
Do You Trust the Government To Control AI?
Donald Trump wants to give it a little more control. Bernie Sanders wants to give it a lot.
Was Lincoln More Radical Than We Remember?
Damon Root discusses the path to emancipation, the struggle to secure freedom after the Civil War, and the constitutional changes that remade America.
How To Sell a War
Presidents use a web of private influence to garner support for foreign invasions.
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.
Jared Polis' Controversial Commutation of Tina Peters' Prison Sentence Upholds Freedom of Speech
Colorado's governor agreed with a state appeals court that the former Mesa County clerk had been punished for her wacky beliefs about the 2020 election as well as her illegal conduct.
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.
Reason Receives 17 Nominations for Southern California Journalism Awards
Nominees include stories on America's gerontocracy, the war on chocolate, how Texas beat California on housing, and more.
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.
Trump's Government-Funded Retirement Plan Misses the Point
The fiscal objection is serious. But the deeper problem is that the proposal misunderstands the saving behavior of the households it aims to help.
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.
How the Slaveholding Founders Really Felt About Slavery
Angst, guilt, and more self-awareness than you might expect
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.
Donald Trump's Deeply Disappointing Would-Be Assassin
Cole Tomas Allen's actions just don't make sense, even in his own words, or in a time of political polarization.
Rethinking Conservative Approaches to Executive Power
Conservative legal commentator Gregg Nunziata outlines reasons why conservatives should reject broad views of executive power.
No, FDR Did Not Pull America Out of the Great Depression
"The New Deal made investment in America a risky project," says economist Donald J. Boudreaux, author of The Triumph of Economic Freedom.
Don't Count on the 25th Amendment To Dethrone Donald Trump
Democrats can't muster the votes to impeach and remove Trump, or even to stop an illegal war. The 25th Amendment would be even more difficult.
Trump Signs Psychedelics Order
Plus: ship seizures, the best free bread in America, and more...
