Trump Administration Presents Update on its Tariff Refund Plan
The plan is not completely terrible. But many importers may still have difficulty getting the refund money owed to them.
Executive Branch
Thoughts on Today's Oral Argument in the Section 122 Tariff Cases
The outcome is unclear. But the judges seemed skeptical of the Trump Administration's claims that Section 122 grants them sweeping tariff powers.
In New Tariff Cases, Trump Asserts 'Unreviewable' Power To Invent a Balance-of-Payments Deficit
The Court of International Trade is weighing the legality of the import taxes that the president wants to impose under Section 122 of the Trade Act of 1974.
Lindsey Graham Says the President Can Start a War, but Only Congress Can End It
The feeling is perfectly consistent: Graham feels it should be as easy as possible for the U.S. to start a war, and as hard as possible to end one.
Our Amicus Brief in the Section 122 Tariff Case
I submitted the brief on behalf of the Cato Institute and myself.
The Easiest Way to Resolve the Birthright Citizenship Case
The Administration's constitutional arguments are unconvincing, but rejecting them is not necessary to decide United States v. Barbara
With His Grandiose White House Ballroom Plan, Trump Again Asserts the Power To Do As He Pleases
"No statute comes close to giving the President the authority he claims to have," U.S. District Judge Richard Leon concluded when he enjoined the project.
Trump's College Sports Executive Order Adds Chaos to an Already Wild Legal War
Plus: Fox and Sinclair go crying to the FCC over sports streaming, and the Masters ticket lottery makes it too hard to get in
Nationwide Injunctions, a Crucial Check on Presidential Power, Are Not Dead Yet
Both Donald Trump and Joe Biden asked the Supreme Court to abolish nationwide injunctions, which allow federal judges to stop a federal policy from going into effect.
Trump Realized He Can Just Do Things. Who Can Stop Him?
There are far too few checks left on executive power.
Review: Church Committee Report on Illegal Spying Is Relevant Again in the Trump Era
A new book revisits this 50-year-old Watergate report as President Donald Trump pursues his own politically motivated investigations.
Gorsuch, Barrett, and Roberts Raise Fatal Objections to Trump's Birthright Citizenship Order
Understanding the Supreme Court’s oral arguments in Trump v. Barbara.
A Year After 'Liberation Day,' Trump's Tariffs Will Never Be Legitimate Without a Vote in Congress
The Trump administration keeps trying to find legal loopholes, but the will of the people is the final judge of any major policy.
Trump's Mercurial, Constantly Changing Import Taxes Took American Businesses on a Wild Ride
There was little rhyme or reason to the president's "emergency" tariffs, which fluctuated wildly depending on his mood.
Trump Keeps Taking Equity Shares of Private Companies. A New GOP Bill Would Codify the Practice.
The bill would not only codify Trump's actions into law, it would establish a framework for both this and future administrations to do it too.
America Has Gone More Than a Year Without a Surgeon General. Has Anyone Noticed?
Rather than debating over who should fill the role, Congress and the White House should just eliminate it altogether.
Trump's 'Military Operation' Wordplay Can't Hide Iran War
A war by any other name must still be authorized by Congress.
10 Boats, 10,000 Troops
Plus: a pause on power plant bombing, an executive order to fund the TSA, a tentative plan to end the DHS shutdown, and more…
A War by Any Other Name
From Korea to Iran, the United States has employed countless euphemisms that not only obscure the true nature of its wars but also the constitutional limits designed to constrain them.
Andrew Kent on the Alien Enemies Act
His work further demonstrates that the AEA cannot be used in response to illegal migration or drug smuggling, but only when there is a military attack.
Trump's New Tariff Plan Still Asserts a Crisis That Does Not Exist
The president’s invocation of Section 122 conflates a trade deficit with a balance-of-payments deficit.
Liberty Justice Center Files Lawsuit Challenging Trump's Section 122 Tariffs
LJC is the group with which I worked on the IEEPA tariff case decided by the Supreme Court.
The Federal Government Was Told To Make a List of Everything It Funds. 15 Years Later, There Still Isn't One.
A sad commentary on the sprawling size and eye-watering cost of the government.
Twenty-Four States Led by Oregon File Lawsuit Challenging Trump's Section 122 Tariffs
The massive new tariffs are illegal, just like the IEEPA tariffs previously invalidated by the Supreme Court.
My New Dispatch Article on "Why Donald Trump's Iran War is Unconstitutional"
The article explains why the war requires congressional authorization,and why this requirement is important.
How the Supreme Court's Conception of Its Role Contributes to the Deformation of the Constitution
The Court's law-declaration approach not only departs from its dispute-resolution premise but risks yielding a faulty product.
US Court of International Trade Orders Refund of All Illegally Collected IEEPA Tariffs
Importantly, the Court ordered payment of refunds even to those businesses who have not filed a lawsuit to claim them.
The "Unitary Executive" Theory's Contribution to the Deformation of the Constitution
The "three buckets" picture of the federal government, in combination with the unitary executive thesis, gives extravagant power to the President.
How Unstated Legal Ideas Have Deformed the Constitution
In the "three buckets" picture of the structure of the federal government, a federal entity that is not part of Congress or part of the judiciary must inevitably be in the Executive Branch.
An Unconstitutional War
Trump's attack on Iran is obviously unconstitutional. The moral and policy issues are a closer call.
It's the Spending, Stupid!
The truest measure of government in our lives is the federal budget, which is out of control.
Bernie Sanders Is Lying About AI Data Centers
Robby Soave and Christian Britschgi discuss why AI data centers spark joy, their favorite Black Mirror episodes, and libertarian skepticism of the Epstein files release.
Trump Thinks Any Judge Who Rules Against Him Is in League With the 'Radical Left'
The president's wildly inaccurate ideological labels are no more meaningful than his other ad hominem attacks on people who disagree with him.
National Constitution Center "We the People" Podcast About the Supreme Court Tariff Decision
I was one of the participants, along with Zach Shemtob (SCOTUSblog) and Julie SIlverbrook (NCC).
Society for the Rule of Law Podcast About the Tariff Decision
Gregg Nunziata interviewed me.
Can People in Frog Costumes Beat Fascism?
The "State of the Swamp" event highlights the power and limits of absurdity and whimsy in political protest.
Thoughts on the Potential Broader Significance of the Supreme Court's Tariff Decision
Only time will tell how great the impact of the ruling will really be. But, at this point, it seems like a very significant decision.
Trump's SOTU Lies
Plus: Entitlement reform, gas prices, the Reason SOTU drinking game, robo-vac spies, and more...
5 Reasons To Doubt Trump's Boast About Bringing Down Fentanyl Smuggling
A drop in seizures doesn't necessarily mean a decline in the supply.
Trump's Tariffs Are Not Going To Eliminate the Income Tax
And that's especially true if the tariffs are illegal.
Trump Says Tech Companies Should Build Their Own Power Plants for AI Data Centers
The plan recognizes that public opinion is what's holding data centers back the most.
Don't Believe Trump's Brags About Bringing Down Drug Prices
The president can't just bring prices down with the stroke of his pen, no matter what he claimed in his State of the Union speech.
Trump Gives IVF a Shoutout in the State of the Union Address
The Trump administration signals an intent to continue appealing to the mainstream, not the far right, on IVF.
3 Bogus Economic Stats in Trump's State of the Union
President Donald Trump tossed out a bunch of economic statistics during his State of the Union address. Here are three that are just plain wrong.
Trump Demands Congress Ban Large Investors Owning Homes. Here's Why That's a Bad Idea.
Large investors are a small, beneficial presence in the single-family home market.
