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.
Executive Branch
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.
Trump Will Create 520,000 More Illegal Immigrants by Undoing Haitians' Protected Status
The move effectively retcons J.D. Vance's claim that legal Haitian immigrants were actually here illegally.
The Progressive Betrayal of Trans Americans
How well-intentioned laws created new cultural conflicts—and eroded personal liberty
Best Executive Order Yet?
Plus: The Democratic Party's insecurities, protesting Trump via interpretive dance, the Yosemite locksmith, and more...
Has the Imperial Presidency Arrived?
There's little question that Trump is taking the concept of the imperial presidency to its apogee.
Trump Has Good Reason To Complain About Limits on His Ability To Fire Executive Officers
His position is grounded in concerns about the separation of powers that presidents of both major parties have raised for many years.
The New Captain America Film Has Important Lessons for Trump and Biden Stans
In Captain America: Brave New World, a power-hungry president makes reckless choices and withholds vital information—but even he looks competent compared to Biden and Trump.
Presidents Should Not Ignore Court Rulings
Vice President J.D. Vance believes presidents can ignore the courts in some situations. Are we heading for a constitutional crisis?
Two Injunctions Against Trump's Citizenship Decree Expose the Weakness of His Arguments
Federal judges in Washington and Maryland say the president's attack on birthright citizenship flouts the 14th Amendment and 127 years of judicial precedent.
John Cochrane: How Will DOGE 'Disrupt' the Government?
Stanford economist John Cochrane discusses DOGE, tariffs, and what it will take to prevent a debt crisis.
Trump Is Flat-Out Lying About the 60 Minutes Interview With Harris
The full transcript shows the president's complaints about the editing of the interview are not just wildly hyperbolic and legally groundless. They are demonstrably false.
FBI Nominee Kash Patel, Who Vowed To 'Come After' Trump's Enemies, Disclaims 'Retributive Actions'
At his confirmation hearing, the president's pick to run the nation's leading law enforcement agency ran away from his record as a MAGA zealot.
Challenge Trump's Tariffs Under the Nondelegation and Major Questions Doctrines
Recent Supreme Court precedent suggests such challenges might prevail, though success is not guaranteed.
Why Is Paramount So Keen To Settle Trump's Laughable Lawsuit Against CBS?
The company is worried that the president's complaints about a 60 Minutes interview with Kamala Harris could block a pending merger.
Trump's Role Model McKinley Tariffed His Way to Imperialism
Reviving the Monroe Doctrine and 19th century Republican adventurism is not a shortcut to peace.
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.
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.
