Biden's Record-Breaking Regulatory Run
In four years, Biden issued regulations costing an estimated $1.8 trillion, by far the highest total in American history.
Executive Branch
Trump's TikTok Reprieve Won't Fix the Law's Free Speech Problems
Extending the deadline gives TikTok a temporary lifeline, but the real issue—government overreach in tech and speech regulation—still needs a congressional fix.
Julia Gelatt: What Happens if Trump 'Seals the Border'?
Demographer Julia Gelatt of the Migration Policy Institute joins Just Asking Questions to discuss the likely effects of the president's executive orders on immigration.
Trump Expands School Choice, Narrows What Schools Can Teach
Trump signed two executive orders expanding federal funding of school choice while banning "radical indoctrination" in federally funded schools.
Is Humphrey's Executor in the Crosshairs?
Firing members of "independent" agencies would seem to set up a direct challenge to a longstanding precedent.
Was It Legal for Trump to Fire Seventeen Inspectors General Without Notice?
Jack Goldsmith offers his analysis.
Trump's Citizenship Decree Signals His Willingness To Flout the Constitution
The executive order contradicts the 14th Amendment and 127 years of judicial precedent.
My New Just Security Article On Trump's "Invasion" Executive Order and its Dangerous Implications
The article explains why the order is unconstitutional and why letting it stand would be very dangerous, including for the civil liberties of US citizens.
Trump Tries To Fire Inspectors General, Likely Violating Federal Law
A law passed in 2022 requires the president to give Congress a "substantive rationale" for removing inspectors general. Trump has not done that.
Trump's Orders Feature Nonexistent Emergencies, Illegal Power Grabs, and Blatant Inconsistencies
But at least he restored respect for a tariff-loving predecessor by renaming a mountain.
The Problem With Trump's Birthright Citizenship Order
Former Rep. Justin Amash explains why President Donald Trump's interpretation of the Fourteenth Amendment is wrong.
Trump Reportedly Preparing an Executive Order Banning Federal Funding of Gain-of-Function Research
The past three administrations have tried to limit gain-of-function research. The second Trump administration might be the first one to be successful at doing so.
Federal Judge Blocks Trump's 'Blatantly Unconstitutional' Birthright Citizenship Executive Order
“I can’t remember another case where the question presented is as clear as this one is,” said Judge John C. Coughenour.
How Trump Could Unilaterally Place Tariffs on Mexico and Canada
They are allied countries with which the U.S. has a trade deal (a deal negotiated by Trump, no less), but presidential emergency powers are nearly limitless.
Trump's Aggressively Broad Executive Order on Transgender People
Like many of his other "Day 1" decrees, the order seems more concerned with scoring points in the culture war than advancing sensible policy.
The Country's Largest Police Union, Which Repeatedly Endorsed Trump, Is Dismayed by His Capitol Riot Pardons
The Fraternal Order of Police mistakenly thought that the president "supports our law enforcement officers" and "has our backs."
Stargate: Artificial Superintelligence in 4 Years?
The dawn of a new golden age?
With Executive Order Avalanche, Trump Continues Trend Toward a Monarchical Presidency
We have too much rule by decree by whoever currently holds the office of president and a pen.
Biden and Trump Show Presidents How To Abuse Clemency
Biden’s preemptive pardons and Trump’s blanket relief for Capitol rioters both set dangerous precedents.
Donald Trump's Chaotic and Contradictory Day 1
Plus: A listener asks the editors about the validity of using emergency measures to restrict movement during the L.A. wildfires.
Trump's Blanket Clemency for Capitol Rioters Excuses Political Violence
The president drew no distinction between people who merely entered the building and people who vandalized it or assaulted police officers.
Can Trump Rename the Gulf of Mexico With an Executive Order?
The most important thing in any name is not what some official institution or a collection of old maps says. Spontaneous order tends to rule the day.
Trump's Birthright Citizenship Order Doesn't Just Apply to Undocumented Immigrants
Children could be denied citizenship even if their parents are here completely legally.
Trump Must Choose: Tariffs or Lower Prices
Domestic deregulation will decrease the cost of living. Trade barriers will do the opposite.
Day 1
Plus: Pardoning the Proud Boys, revoking birthright citizenship, Elon Musk's not-a-Nazi-salute, and more...
Biden's Preemptive Pardons Undermine Official Accountability and the Rule of Law
His last-minute acts of clemency invite Trump and future presidents to shield their underlings from the consequences of committing crimes in office.
Trump's Illegal First-Day Executive Actions
Several of his announced actions are likely to be illegal, especially some related to immigration.
Do You Feel Equal Yet?
Plus: Fauci preemptively pardoned, hostages released, Inauguration Day, and more...
Biden Attempts To Ratify the Equal Rights Amendment by Blog Post
Biden announced today that the Equal Rights Amendment is the "law of the land," but the Justice Department and the national archivist disagree.
Regulation, Prohibition, and Litigation: Joe Biden's Busy Lame-Duck Period
Why should an unpopular president shape so much policy on his way out?
Trump's Latest Defeat Is One of Many Decisions That Suggest SCOTUS Won't Rubber-Stamp His Agenda
Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.
We Could Use a Man Like Grover Cleveland Again
The last president to serve two non-consecutive terms stood against imperialism. Donald Trump could learn from his example.
Review: The Radicals Who Tried To Kill Gerald Ford
The Rip Current podcast is a good reminder that political division and even violence are not new in America.
Rights and Wrongs of Chief Justice Roberts' Year-End Report on the Judiciary
Roberts identifies genuine problems, but little in the way of good solutions. He also sometimes overlooks ways in which the Supreme Court is partly responsible for the challenges the judiciary faces.
Helen Prejean: Why This Nun Is Fighting To End the Death Penalty
Billy Binion speaks to Sister Helen Prejean about her activism to end the death penalty, as depicted in her book Dead Man Walking.
Final Farewells
Plus: What Biden regrets, Trump supports visas for skilled workers (or does he?), a major Amtrak screwup, and more...
RIP Jimmy Carter, the 'Passionless' President
The libertarian case for the late Jimmy Carter.
Biden Commutes Nearly All Federal Death Penalty Sentences
Biden preserved the death sentences of three mass murderers but commuted the sentences of 37 other federal death row inmates to life in prison.
A Decaying Joe Biden Underlines the Need for a Less Powerful Presidency
The power of the office is excessive, and we don’t even know who is wielding it.
Trump's January 6 Pardons Could Address Some Real Injustices
The president-elect makes valid points in highlighting potential abuses of prosecutorial power.
Biden's Messy Mercy
Plus: A listener asks the editors to consider the tradeoffs of involuntary commitments to mental institutions.
Was the Supreme Court Wrong About Presidential Immunity?
Glenn Greenwald and Elizabeth Price Foley debate Trump v. United States and its implications for presidential powers.
Biden Shouldn't Have Commuted the Sentence of a Judge in the 'Kids for Cash' Kickback Scandal
But that shouldn't detract from the many worthy people who received commutations after spending years on home confinement.
Biden Issues More Pardons and Commutations Under Pressure From Criminal Justice Groups
Biden commuted the sentences of roughly 1,500 federal offenders who had been serving the remainder of their sentences on home confinement after being released from prison during COVID-19.
