"Because the Constitution vests the executive power in the President, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents."
Mark Meador thinks the Federal Trade Commission may have the legal right to investigate nonprofits that “advocate for the interests of giant corporations” if they don’t disclose their donors.
The executive order is likely unconstitutional, but if implemented as written, it would be detrimental to the American health care market.
I was interviewed by Brittany Lewis of Forbes.
In a 2-1 ruling, the Court ruled Trump's invocation of the Alien Enemies Act cannot supersede a settlement barring deportation of a group of migrants. One judge also held the AEA was invoked illegally.
Kovarsky and Rave defend the use of class actions in AEA habeas cases. Vladeck highlights the significance of the Supreme Court's grant of an injunction to a "putative class" of AEA detainees.
President Donald Trump's executive order empowering local cops will create bad incentives that could prove costly for law-abiding citizens.
The article explains why these claims to emergency powers are illegal and dangerous, and how to stop them.
In a badly flawed decision, a federal district court ruled that Trump can invoke the AEA because the Tren de Aragua drug gang's activities amount to a "predatory incursion."
Greg Sargent of the New Republic interviewed me.
The White House calls it "the art of the deal," but a 30 percent tariff on imports from China is economically damaging and constitutionally dubious.
Trump rightly decries the "absurd and unjust" consequences of proliferating regulatory crimes.
Outcomes are hard to predict. But the judges seemed skeptical of the government's claim that Trump has virtually unlimited authority to impose tariffs.
The president hopes to introduce even more government intervention into health care.
One of the justices wrote extensively about when and whether the writ of habeas corpus may be suspended.
Briefs urging the Supreme Court to stay injunctions against the order challenge "the conventional wisdom" about the meaning of an 1898 decision interpreting the 14th Amendment.
Biden's pardons for friends and Trump's blanket pardons for January 6 participants set terrible precedents.
From Qatar, with love, a "palace in the sky."
Democrats tried to alter unconstitutionally the membership of the Supreme Court; they extorted Facebook into censoring free speech; they issued presidential executive orders unsupported by statute; and they pushed unprecedented prosecutions of Biden's predecessor in office, and his 2024 opponent, in the presidential race.
The court instituted a preliminary injunction against the Administration's use of the Act to deport Venezuelans.
Steve Inskeep of NPR interviewed me about the case against Trump's "Liberation Day" tariffs.
Trump admits he could return migrant illegally deported to El Salvador. And an intelligence community report concludes the Tren de Aragua drug gang isn't controlled by the Venezuelan government.
The Southern District of New York rules Trump invoked the Act illegally, because there is no "invasion" or "predatory incursion."
"I've been very vocal about congressional authority under a Democratic president or now under a Republican president," the Washington state congresswoman tells Reason.
Trump's new imperialism makes neither economic nor geopolitical sense.
Impoundment, line-item vetoes, and the tricky problem of cutting spending through the executive branch
This is a key issue in cases seeking to limit executive branch power grabs, including Trump's tariffs. Judge Ryan Nelson (a conservative Trump appointee) explains why the president is not exempt from the doctrine.
A new executive order would keep the Corporation for Public Broadcasting alive while telling it to cut off the two biggest public broadcasting networks. Get ready for a legal fight.
The Trump-appointed judge found that the administration's use of the Alien Enemies Act "exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms."
Federal district court Judge Fernando Rodriguez ruled that Trump invoked the AEA illegally, and that migrants threatened with deportation under the Act can file class action habeas petitions.
Sen. Rand Paul's attempt to end the non-existent economic emergency failed to pass the Senate on Wednesday night.
I was interviewed by attorney/podcaster Irina Tsukerman.
Presidential power must stem from the Constitution or a statute, and the tariffs imposed by President Trump are unauthorized by statute, making them both unlawful and unconstitutional.
The president’s sweeping import levies have no basis in the statute he cites.
So much for unleashing American energy.
I was one of 35 legal scholars who took part.
A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.
PLF is a leading libertarian-leaning public interest organization. Their case is similar to that filed by Liberty Justice Center and myself.
Small businesses and a dozen states have filed a pair of lawsuits challenging Trump's authority to impose tariffs on board games, clothes, and lots of other things.
The suit resembles previous ones on the same subject filed by the state of California, and by the Liberty Justice Center and myself.
The court ruled that Trump invoked the AEA illegally, blocks deportation of Venezuelan migrants who filed the case, and sets out standards for notifying them of their rights to challenge their deportation.
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Signers include Steve Calabresi, Harold Koh, Richard Epstein, Michael McConnell, Alan Sykes, former Attorney General Michael Mukasey, and others.
The degree of agreement among participants with major ideological diferences is striking.
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