Looking for Plaintiffs to Challenge Trump's IEEPA Tariffs in Court
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.
Executive Branch
Trump's Use of the Alien Enemies Act Violates Madison's View of Presidential Power
Alleged criminal aliens may face legal punishment. But only after receiving due process of law.
The Hidden Politics of Whiskey Prices
Donald Trump is determined to make everything from Canadian whiskey to Mexican avocados more expensive. Can anyone stop him?
Lee Kovarsky on the Venue Issue in the Alien Enemies Act Case
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.
DC Circuit Upholds District Court Order Blocking Deportations Under The Alien Enemies Act
The 2-1 ruling is procedural, but strongly suggests the majority judges also reject the Trump administration's position on the merits.
Federal Court Rules Migrants Have Right to Hearing to Challenge Alien Enemies Act Deportations
Judge Boasberg ruled the migrants are entitled to due process in determing whether they really are "alien enemies" covered by the Act.
Trump's Attack on the Courts Channels the Worst of Theodore Roosevelt
An unconstitutional act is still unconstitutional even if lots of people support it.
Trump and Congress Have a Right and a Duty To Kill the Department of Education
The feds have no constitutional authorization to meddle in education.
Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms
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.
Trump Thinks the Feds Can Fix America's Critical Mineral Supply Chain
Invoking the Defense Production Act won't boost the supply of critical minerals.
Did Trump Just Abolish the Department of Education?
While he can't get rid of the department outright, a new executive order attempts the next best thing.
Two Audio Interviews About the Alien Enemies Act Litigation
Links to audios of a Cato Institute podcast and an interview with ABC News (Australia).
National Constitution Center Podcast on the Alien Enemies Act and Mahmoud Khalil Immigration Cases [Updated]
The participants were Adam Cox (NYU) and myself.
Trump's Judge Bashing Provokes a Rebuke From Chief Justice John Roberts (Again)
"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.
Trump Fires Democratic FTC Commissioners
The removals challenge Humphrey’s Executor, a Supreme Court precedent that protects independent agency officials from political firings.
President Trump Targets Humphrey's Executor Directly
President Trump acts to remove two Democratic commissioners from the Federal Trade Commission. Litigation is likely.
'We Are Not Stopping'
Plus: Texas midwife arrested for violating abortion ban, JFK files, Gaza bombings, astronauts finally rescued, and more...
Trump Administration Likely Violated Court Order in Alien Enemies Act Case
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.
Pardons and Autopen Signatures: A 2024 Appellate Decision Says Pardons Don't Have to Be Signed (or Even Written) at All
[UPDATE: I note a contrary argument in an update at the end of this post.]
In Trump's Revenge Fantasy, Biden Did Not Actually Pardon Members of the January 6 Committee
The president says those legislators are "subject to investigation at the highest level," notwithstanding their pardons and the Speech or Debate Clause.
Trump's Awful Decision to Gut Voice of America and Radio Free Europe/Radio Liberty
Trump is destroying a valuable source of American "soft power" and an inspiration to people suffering under authoritarian regimes.
Trump Invokes Alien Enemies Act as Tool for Deportation - Federal Court Issues Temporary Restraining Order Against it [Updated]
If courts allow Trump to get away with using the Act in peacetime, it would set a dangerous precedent.
My US News and World Report Article on Trump's Dictatorial Immigration Power Grabs
The article is coauthored with Cato Institute scholar David Bier.
Howard Lutnick Doesn't Get To Decide What You Buy
There is no "royal we" in the marketplace.
Environmental Protection Agency
Dumping Environmental Justice From the EPA Is a Good Step. Now Dump the EPA.
“Environmental justice” has no place at a regulatory agency. But the EPA was already a problem.
Mel Gibson Controversy Highlights a Bigger Scandal: Many Americans Lose Their Gun Rights for No Good Reason
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.
Congress Just Made It Harder for Congress To Block Trump's Tariffs
The cowardice of Congress will continue fueling the growth of executive power.
Rachel Barkow: Did Trump and Biden Turn Pardons Into a Corrupt Joke?
Presidential pardons have become a tool of favoritism and politics.
Republicans May Regret Undermining Judicial Independence
Threats to impeach federal judges who rule against the government are a naked attack on their constitutionally crucial function.
Preserve the Mercy of Pardon Power, Even If Presidents Misuse It
While overturning sentences through courts can take years, a grant of clemency is instantaneous.
D.C. Circuit Issues Opinion Explaining Stay that Allowed for Special Counsel Dellinger's Removal
The panel did not believe the Office of Special Counsel could be distinguished from the Consumer Financial Protection Bureau or Federal Housing Finance Authority.
DC Circuit Allows Removal of Special Counsel Dellinger Pending Appeal
For now, President Trump has removed Hampton Dellinger as head of the Office of Special Counsel.
Trump Promised a Balanced Budget. Don't Believe It.
It's great to have presidents talking about the need for a balanced budget, but Republicans are backing a plan that will increase borrowing.
Dead People Aren't Bankrupting Us
Plus: Democrat disruptions, Columbia University scrutinized by the feds, and more...
DOGE Goes Deep State
A smaller government with a more powerful set of unaccountable executive officials is unlikely to be much of a win for liberty.
Trump Tests the Limits of Executive Orders
Making policy and passing laws is supposed to be difficult and should be left to the messy channels established by the Constitution.
Webinar on the Future of Humphrey's Executor and Agency Independence
A discussion of whether and when the Supreme Court might overturn Humphrey's Executor v. United States.
How Would Milton Friedman Do DOGE?
If the Department of Government Efficiency goes about this the wrong way, we could be left with both a presidency on steroids and no meaningful reduction in government.
The Case Against Ross Ulbricht Was About Government Power
President Donald Trump's pardon of the Silk Road creator is a rare moment of reprieve in an era of relentless government expansion.
Perils of Unitary Executive Theory
The originalist case for a unitary executive falls apart in an era when many of the powers wielded by the executive branch were not originally supposed to be federal powers in the first place.
What the Supreme Court Said about Dellinger v. Bessent in Seila Law v. CFPB
A district court judge has concluded that President Trump cannot remove the head of the Office of Special Counsel without cause. Supreme Court review is inevitable.
Elon Musk, Who Supposedly Is Running DOGE, Is Not Officially in Charge of Anything
The presidential adviser's lack of formal authority complicates his cost-cutting mission.
Trump's ICE Detains Afghans Who Helped U.S. Forces
A former Afghan intelligence officer who worked alongside U.S. forces sought safety in America. Now, under the Trump administration’s immigration crackdown, his parole has been revoked, and he’s been detained without explanation.
The Sunny Side of Donald Trump's Power Grabs
The president is positioning himself to have much greater control over a smaller, enfeebled federal bureaucracy.
