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."
Executive Branch
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.
Tennessee Says Residents Can't Vote If They Have Lost Their Gun Rights
People who were disenfranchised based on felony convictions face a new obstacle to recovering their voting rights.
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.
Donald Trump's Demand for Absolute Immunity for Crimes Committed While President Goes Far Beyond the Qualified Immunity Police Officers Get
Qualified immunity is a badly flawed doctrine the Supreme Court should abolish. But Trump's demands are much more extreme.
Republican Presidential Nomination
DeSantis Down and Out
Plus: Javier Milei’s powerful speech on economic prosperity in Davos
Trump's Demand for 'Total' Presidential Immunity Reflects His Authoritarian Impulses
The former president argues that accountability is the enemy of effectiveness, both for cops and for politicians.
The Chevron Doctrine Discomfits the Weak
Excessive judicial deference gives administrative agencies a license to rewrite the law in their favor.
Does Biden Need Congressional Authorization for His Strikes Against the Houthis? [Updated]
The answer is likely "no" for US military action so far, because it is a defense against attack. But a broader conflict or one of much longer duration would be different.
How To Get Away With Murder (According to Trump's Lawyers)
Step 1: Become president. That's the hardest part.
D.C. Circuit Seems Skeptical of Trump's Alarmingly Broad Presidential Immunity Claim
As one appeals court judge pointed out, Trump's defense could literally let a president get away with murder.
How FDR Emasculated the Black Press in World War II
Instead of indulging in politically risky sedition prosecutions of the black press, the government relied on indirect methods of behind-the-scenes manipulation and intimidation.
Why Section 3 Disqualification Doesn't Require a Prior Criminal Conviction on Charges of Insurrection [Updated]
The reason is a combination of the general structure of our legal system and the original meaning of Section 3.
The D.C. Circuit Mulls Trump's Alarmingly Broad Claim of Presidential Immunity From Prosecution
His lawyers say no jury can ever consider charges based on his "official acts" as president, which include his efforts to reverse Joe Biden's election.
Biden Expands Pardons for Marijuana Possession
It's a commendable, but very modest, expansion of a step he took last year.
Biden Expands Pardons for Low-Level Federal Marijuana Offenders
The pardons freed no prisoners, but the White House says they will ease the burden of a criminal record.
Efforts to Show that Exempting the President from the Scope of Section 3 of the 14th Amendment isn't Absurd Underscore that it Actually is
Harvard law Prof. Larry Lessig's attempt to prove otherwise misfires.
Welcome to the Hyperbole Factory
Plus: A listener asks the editors to consider the libertarian argument against shopping local.
Supreme Court to Decide Whether to Decide Trump May Claim Presidential Immunity
The Court agreed to the special counsel's request for expedited briefing on whether to grant certiorari.
Presidential Immunity Does Not Bar Suits Against Trump for His Conduct on January 6
The U.S. Court of Appeals for the D.C. Circuit rejected the former President's attempt to claim presidential immunity covered his conduct on January 6.
What Elizabeth Warren's Fear of a 'Sandwich Shop Monopoly' Reveals About Democrats' Priorities
Should a federal government that is nearly $34 trillion in debt and can't manage basic operations be micromanaging fast-food business purchases?
The Supreme Court Should Not Let Bureaucrats Invent Crimes by Rewriting the Law
The Trump administration’s unilateral ban on bump stocks turned owners of those rifle accessories into felons.
No Malarkey: Even Democrats Think Biden Is Too Old
Plus: A listener asks the editors about requiring gun buyers to pass a psychological assessment.
Third Party Candidates Shouldn't Get Their Hopes Up
If Joe Manchin or Larry Hogan thinks he’ll be elected on a No Labels ticket, he’ll be sorely disappointed.
California Gov. Gavin Newsom Nixes Psychedelic Decriminalization and Cannabis Cafés
Newsom vetoed both reforms, which he deemed excessively permissive.
FCC Revives Common Carriage for the Internet
After five years without net neutrality rules, the fix for a problem that doesn’t exist is back.
When the Left and Right Came Together To Applaud Mr. Smith Goes to Washington
A Republican, a Communist, and a Catholic conservative walk onto a movie set...
New Mexico Gov. Michelle Lujan Grisham's Unconstitutional Gun Edict Was a Huge, Bipartisan Flop
The governor's attempt to rule by decree provoked widespread condemnation instead of the applause she was expecting.
Tim Scott Invokes Ronald Reagan and Says UAW Strikers Should Be Fired
"He said, you strike, you're fired. Simple concept to me. To the extent that we can use that once again, absolutely."
Trump's Preposterous Defense in the Purloined Documents Case
The former president suggests he was not obliged to obey a subpoena seeking classified records.
A Blatantly Unconstitutional Gun Edict Highlights the Hazards of Emergency Powers
New Mexico Gov. Michelle Lujan Grisham thinks violent crime gives her a license to rule by decree.
The Sticky Spaghetti School of Constitutional Law
Politicians are throwing laws at the wall and seeing what sticks.
My UnPopulist Article on Supreme Court Politicization and Dangers of Schemes to Undermine Judicial Review
While there is some genuine politicization, it is not as great as often claimed. Proposals to undermine judicial review could easily end up empowering the very sort of authoritarian president progressives fear.
The U.S. Credit Rating Just Dropped. It's Time for Radical Budget Reform.
The lack of oversight and the general absence of a long-term vision is creating inefficiency, waste, and red ink as far as the eye can see.
Of Babysitters and Major Questions
Survey data casts doubt on the textualist rationale for the major questions doctrine that I and others have advanced. But perhaps not as much doubt as it might seem.
Have We Lost Track of the Trump Indictments Yet?
Plus: Why don't journalists support free speech anymore?
Two Cheers for the "Freedom Conservatism" Statement of Principles
It has many good points. But I have some reservations and questions.
A Post-Clemency Prosecution Shines a Light on a Broken System
Donald Trump commuted Philip Esformes' sentence, but the Justice Department is bent on sending him back to prison.
The NATO Treaty Does Not Supersede the Constitution
A group of senators is challenging the conventional interpretation of Article 5's an-attack-on-one-is-an-attack-on-all provision.
The Irony of Department of Education v. Brown—the Other Student Loan Forgiveness Case Decided by the Supreme Court Yesterday
The Court unanimously ruled the plaintiffs in that case lacked standing. But they might end up getting what they wanted more fully than anyone else involved in the legal battle over student loan forgiveness.
My CNN Article on "Why the Supreme Court Got it Right on Student Loans"
The article goes over the main reasons why the Court's decision was justified.
Biden Says He Will try to do Student Loan Forgiveness Under the Higher Education Act of 1965
The administration will try this pathway as an alternative to the HEROES Act of 2003, which pathway was shut down by today's Supreme Court decision.
Supreme Court Rules Red States Lack Standing to Challenge Biden Immigration Enforcement Guidelines
The 8-1 decision is a major win for Biden and executive enforcement discretion. I think the Court got the right result, but for the wrong reasons.
The Federal Case Against Trump Is 'Very Strong,' His Former Attorney General Says
By taking records that did not belong to him and refusing to return them, William Barr says, Trump "provoked this whole problem himself."
Clark Neily: Regardless of Guilt, Trump Won't Go to Jail
The constitutional lawyer and criminal justice reformer talks about our two-tier punishment system and deep-seated corruption at the Justice Department.
Against the "Banana Republic" Critique of Indicting Trump
The real banana republic danger is if high officials can commit serious crimes with impunity.
