President Trump's Reduced Tariff/Taxes Are Still Unconstitutional
We need a district judge to enter a nationwide injunction putting a stop to these huge unilateral, presidential tax increases on ordinary working-class people.
We need a district judge to enter a nationwide injunction putting a stop to these huge unilateral, presidential tax increases on ordinary working-class people.
But 10% tariffs are still being imposed on nearly all countries, without any letup. And we are still moving ahead with our lawsuit challenging them.
In the span of a week, Trump cratered the stock market and brought it much of the way back, with little more than public statements.
The Supreme Court did not answer two of the biggest legal questions raised by Trump’s invocation of the Alien Enemies Act.
Bills introduced Tuesday in the House and Senate would terminate the emergency declaration Trump issued last week.
The president is politically targeting those he says politically targeted him.
Although the Court lifted an order that temporarily blocked removal of suspected gang members, it unambiguously affirmed their right to judicial review.
The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.
Did the 25th president really make America "very rich through tariffs"? William McKinley might have told you otherwise.
The Supreme Court seems likely to agree that a member of the National Labor Relations Board may be fired by the president at will.
The International Emergency Economic Powers Act does not authorize the president's imposition of tariffs, a lawsuit alleges.
They weren't authorized by Congress and go against the major questions and nondelegation doctrines.
The Trump administration says it is shameful even to suggest that immigration agents could make such errors.
The Liberty Justice Center and I are looking for appropriate plaintiffs to bring this type of case. LJC (a prominent public interest law firm) can represent them pro bono.
Alleged criminal aliens may face legal punishment. But only after receiving due process of law.
Donald Trump is determined to make everything from Canadian whiskey to Mexican avocados more expensive. Can anyone stop him?
A leading expert on habeas corpus explains why the Trump Administration is wrong to claim the case must be heard in Texas, rather than Washington, DC.
The 2-1 ruling is procedural, but strongly suggests the majority judges also reject the Trump administration's position on the merits.
Judge Boasberg ruled the migrants are entitled to due process in determing whether they really are "alien enemies" covered by the Act.
An unconstitutional act is still unconstitutional even if lots of people support it.
The feds have no constitutional authorization to meddle in education.
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
Invoking the Defense Production Act won't boost the supply of critical minerals.
While he can't get rid of the department outright, a new executive order attempts the next best thing.
Links to audios of a Cato Institute podcast and an interview with ABC News (Australia).
The participants were Adam Cox (NYU) and myself.
"Impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts noted after Trump said federal judges who impede his agenda should be fired.
The removals challenge Humphrey’s Executor, a Supreme Court precedent that protects independent agency officials from political firings.
President Trump acts to remove two Democratic commissioners from the Federal Trade Commission. Litigation is likely.
Plus: Texas midwife arrested for violating abortion ban, JFK files, Gaza bombings, astronauts finally rescued, and more...
They used the Act to deport some 137 Venezuelan migrants to El Salvador even after a federal court issued a temporary restraining order blocking such action.
[UPDATE: I note a contrary argument in an update at the end of this post.]
The president says those legislators are "subject to investigation at the highest level," notwithstanding their pardons and the Speech or Debate Clause.
Trump is destroying a valuable source of American "soft power" and an inspiration to people suffering under authoritarian regimes.
If courts allow Trump to get away with using the Act in peacetime, it would set a dangerous precedent.
The article is coauthored with Cato Institute scholar David Bier.
There is no "royal we" in the marketplace.
Environmental Protection Agency
“Environmental justice” has no place at a regulatory agency. But the EPA was already a problem.
Millions of people are barred from owning firearms even though they have no history of violence, and they have essentially no recourse under current law.
The cowardice of Congress will continue fueling the growth of executive power.
Presidential pardons have become a tool of favoritism and politics.
Threats to impeach federal judges who rule against the government are a naked attack on their constitutionally crucial function.
While overturning sentences through courts can take years, a grant of clemency is instantaneous.
The panel did not believe the Office of Special Counsel could be distinguished from the Consumer Financial Protection Bureau or Federal Housing Finance Authority.
For now, President Trump has removed Hampton Dellinger as head of the Office of Special Counsel.
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