A Federal Judge Denied Trump's Claims of Permanent Executive Privilege
In denying the former president's claims of executive privilege, a federal judge sets a blueprint which should apply to sitting presidents as well.
Executive Branch
DC Circuit Temporarily Blocks Release of White House of January 6 Documents
A panel of the court will hear Trump’s challenge to the release of material on an expedited basis.
District Court Rejects Trump's Executive Privilege Claim for January 6 Records (Updated)
In a well-reasoned opinion, the district court rejects the former President's efforts to prevent the release of information by the National Archives to the January 6 Committee.
Holding Steve Bannon in Contempt
Congress prepares to assert its investigative authority.
Does Executive Privilege Extend Beyond a President's Term?
President Trump is telling former aides to assert executive privilege to frustrate the congressional investigation of January 6.
Craft Alcohol Makers Thrive as Government Launches Antitrust Investigation
The Prohibition-era three-tier system is causing consolidation, not the market.
The Ultimate Check: Understanding the Impeachment Clause
The history isn’t unambiguous, but it leans toward expanding impeachment beyond criminal offenses.
The President at War
History supports neither the plenary presidential power advocated by some nor the complete congressional dominance advocated by others.
A Pending Pardon for George Floyd Shows How the Drug War Gives Cops a License To Lie
Floyd was arrested for selling crack by a crooked Houston narcotics cop who repeatedly lied to implicate people in drug crimes.
The Domestic Policy Czar
A revival of the nondelegation doctrine isn’t likely to massively retrench either the scope of the regulatory state or the president’s ability to steer agency discretion.
The Bureaucrat in Chief
Behind the technicalities of the appointment and removal power is a difficult tradeoff between democratic accountability and impartiality in implementing laws.
Taking a Fresh Look at Presidential Power
Political polarization inevitably warps our views of presidential actions, making an even-handed approach all the more crucial.
George Will vs. 1619 Project: The U.S. Founding Is 'the Best Thing That Ever Happened'
The Washington Post columnist says President Joe Biden isn't a progressive but "will go where the [Democratic] party goes, and the party is being driven by other people."
Federal Court Rules Against Title 42 "Public Health" Expulsions of Migrants
The expulsions, ordered by the CDC for the supposed purpose of stopping the spread of Covid-19, are illegal for much the same reasons as was the CDC eviction moratorium recently struck down by the Supreme Court.
Can Biden's Vaccination Rule for Private Employers Survive Judicial Scrutiny?
A broad standard with no exceptions better serves his goals, but it will be harder to defend in court.
Biden's Vaccine Mandate Is the Latest Sign of the Presidency Becoming a Monarchy
The presidency has always been inclined to unilateral power—and many Americans like it that way.
Rights and Wrongs of Biden's New Vaccination Mandate Policies
Some parts are both good policy and legally unproblematic. Others - particularly the mandate imposed on private employers - are legally dubious and would set a dangerous precedent if upheld by courts.
The Biden Administration's 'Emergency' Vaccine Mandate May Be Vulnerable to Legal Challenges
OSHA has rarely used this option, which avoids the usual rule-making process, and most challenges to such edicts have been successful.
Where Does Biden Get the Authority To Mandate Vaccination?
Emergency OSHA rules are frequently struck down by courts.
Two Big New Ways the Biden Administration Plans To Overstep Its Pandemic Authority
Plus: The vaccine and abortion debates, a promising jobs report, and more...
Biden Admits He Can't Mandate Masks. Why Does He Think He Can Mandate Vaccines?
Biden's sudden embrace of a federal vaccine requirement seems inconsistent with his acknowledgment that he cannot mandate every COVID-19 precaution he'd like people to follow.
Audio of Radio Program on Immigration and the Constitution
Yale Law School Prof. Cristina Rodriguez and I discussed this timely subject with host Stephen Henderson.
Biden Keeps Pushing Dubious Arguments for CDC Supremacy
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
Supreme Court Rules Against the Revised CDC Eviction Moratorium
This outcome was widely expected by legal commentators.
Biden's Eviction Moratorium Defies the Rule of Law
The administration issued the order even while conceding that it lacked the authority to do so.
Senators Aim To Curtail Presidential Power Over War, Arms Sales, Emergency Declarations
Plus: The FBI had at least a dozen informants helping put together the plot to kidnap Michigan's governor, price controls fail again, and more.
Space Liberation!
Don't let naysayers fool you. Richard Branson's space flight is a boon for society.
If the CDC Can Impose a Nationwide Eviction Moratorium, Why Can't It Impose a Nationwide Vaccine Mandate?
It could, if it actually had the vast public health powers that the Biden administration claims it does.
Andrew Cuomo Declares a Gun Violence 'Disaster Emergency' and Signs a Bill That Invites Lawsuits Against Firearm Suppliers
New York's new law seems to conflict with a federal statute that protects manufacturers and dealers from liability for gun crimes.
Repealing the 2002 AUMF Won't Be Enough To End Forever Wars
Repealing the law that allowed America to depose Saddam Hussein won't stop us from waging war elsewhere.
Legislators Demand a Voice in Public Health Restrictions
The COVID-19 pandemic showed the dangers of letting governors unilaterally, dramatically, and indefinitely magnify their own powers.
Empowered by Voters, Pennsylvania Legislators Are Poised To End the Governor's 15-Month COVID-19 Emergency
The resolution is part of a broader movement to rein in executive power during emergencies.
Gov. Gavin Newsom Clings to COVID-19 Emergency Powers
The state is scheduled to ease its lockdowns on June 15. But Newsom still wants the power to control the terms.
Departmentalism: What Is the Executive Role in Interpreting the Laws? A Panel Discussion
A panel from the 2021 Federalist Society Ohio Lawyers Chapters Conference
Pennsylvanians Voted To Limit Their Governor's Emergency Powers
Voters in Pittsburgh banned no-knock police raids and solitary confinement too.
Upcoming Federalist Society Executive Branch Review Conference
The online event features panels on a wide range of issues related to executive power, including one on federalism where I will be one of the participants.
The Red Flags in Biden's State of the Union Address
Plus: Is the coronavirus vaccine the most libertarian vaccine yet?
Biden Is Using the Pandemic as an Excuse for Permanent Expansions of Government Power
For Biden, the pandemic has become a catchall justification for a slew of big-government programs that he and the Democratic Party already wanted to pursue.
If Biden Truly Wanted To Create Jobs, He Wouldn't Support the PRO Act
Destroying the ability of freelancers to make a living is union protectionism, not economic opportunity.
Biden Brings Back Plan for Free Community College
This is a subsidy for the schools, not the students.
Beware of Big Presidential Speeches During Times of Crisis
Biden tonight, like LBJ in 1964, Ford in 1975, Reagan in 1981, and Obama in 2009, is ready to make some terraforming asks to a pliant Congress.
Arizona Governor Bans Municipal 'Vaccination Passport' Mandates
Executive order leaves it to individual businesses, not the government.
Adam Cox and Cristina Rodriguez Respond to Critics and Commentators on their Book "The President and Immigration Law"
This is the conclusion of the Yale Journal on Regulation symposium about the book.
COVID-19 Is Leading State Lawmakers To Finally Restrain Governors' Emergency Powers
Even during a pandemic, major changes to laws and policies should be funneled through state assemblies.
Contrary to What Biden Says, Gun Show Sales Aren't Exempt From Background Checks
Plus: GOP gender policing in North Carolina, marijuana legalization mistakes, and more...
Joe Biden Learns To Love Gun Control by Presidential Fiat
The president's unilateral restrictions are legally dubious and unlikely to "save lives."
Yale Journal on Regulation Symposium on Adam Cox and Cristina Rodriguez's book "The President and Immigration Law"
Contributors include a variety of legal scholars, including, Jessica Bulman-Pozen, Dan Farber, and myself, among others.
