Our Fifth Circuit Alien Enemies Act Amicus Brief
The brief was filed on behalf of the Brennan Center, the Cato Institute, law-of-war scholar Prof. John Dehn, and myself.
Law & Government
Trump's Attack on the Federalist Society Is a Bad Omen for Originalism
The MAGA loyalty that Trump demands is anathema to everything that originalism is supposed to be about.
Is the American Bar Association's Accreditation Monopoly about to End?
My latest Civitas Outlook column looks at the growing pressure on the ABA's role in law school accreditation.
Permitting the Future
A symposium looking at the need to permit the construction and deployment of energy infrastructure in order to meet environmental goals.
Is Justice Barrett "Solidifying Herself as the Swing Justice"?
Claims that Justice Amy Coney Barrett is at the center for the Court are not supported by the data. The truth is more complicated.
Hub and UnPopulist Podcasts About the Tariff Case
The podcasts cover the case and its relationship to the more general problem of abuse of emergency powers.
Bob Menendez Does Not Deserve a Pardon
The disgraced former Democratic senator was convicted of accepting almost $1 million in bribes in exchange for, among other things, favors benefiting foreign governments.
Do Lower Court Judges Time Their Decisions to Take Senior Status (or Retire) Based on Who May Replace Them?
This question can be informed by more than anecdote and intuition.
Texas Ten Commandments Bill Is the Latest Example of Forcing Religious Texts In Public Schools
The Lone Star State's bill is already facing legal challenges.
Trump Wants $25 Million To Settle His Meritless 60 Minutes Lawsuit
In a legal filing this week, Trump argued that routine edits to a CBS News interview he did not participate in caused him "confusion and mental anguish."
Two Courts Have Ruled Against Trump's Tariffs—but Not for the Same Reasons
Both are wins for free trade, but only one vindicates the separation of powers.
Congress Must Vote on Tariffs
For both practical and constitutional reasons, this is the obvious way out of the chaos Trump's tariffs have created.
What J.D. Vance Gets Wrong About Judicial Deference to Executive Power
The federal courts are supposed to be a bulwark against presidential overreach, not a rubber stamp.
My New Atlantic Article on the Tariff Case and its Significance
It explains how the ruling is a win for separation of powers and the rule of law.
How Our Tariff Case Came About
The Wall Street Journal, CBC, and Time published good articles on the story behind the case filed by the Liberty Justice Center and myself.
Some Interviews About Our Tariff Case
Some of the more informative interviews I have done about our win in the case against Trump's tariffs, in lawsuit filed by the Liberty Justice Center and myself.
Federal District Court Issues Another Ruling Against Trump's IEEPA Tariffs
The decision by Judge Rudolph Contreras of the US District Court for the District Columbia holds IEEPA doesn't authorize the president to impose tariffs at all.
'Banal Horror': Asylum Case Deals Trump Yet Another Loss on Due Process
President Trump is entitled to try to execute his immigration policy. He is not entitled, however, to violate the Constitution.
"The Central Principle of Judicial Review in NEPA Cases Is Deference"
Some additional thoughts on today's Supreme Court decision in Seven County Infrastructure Coalition.
Did 'Activist Judges' Derail Trump's Tariffs?
No. One of the judges in Wednesday's unanimous ruling was a Trump appointee, and the ruling rested on important legal and constitutional principles.
Trump Rightly Pardons 2 Florida Divers Who Became Federal Felons Because of an Honest Mistake
John Moore and Tanner Mansell were convicted of theft after they freed sharks they erroneously thought had been caught illegally.
Supreme Court Narrows Scope of NEPA Review
Environmental Impact Statements do not have to consider upstream and downstream effects.
We Won Our Tariff Case!
The Court of International Trade just issued a decision striking down Trump's "Liberation Day" tariffs and other IEEPA tariffs.
A Federal Court Just Blocked Trump's Tariffs
The Court of International Trade ruled that Trump's emergency economic powers do not include the authority to impose tariffs on nearly all imports.
A Federal Judge Lists 8 Ways That Trump Violated the Constitution by Punishing a Disfavored Law Firm
The president's crusade against attorneys whose work offends him, which defies the First Amendment and undermines the right to counsel, has provoked several judicial rebukes.
Elon Musk Is Right. The 'Big Beautiful Bill' Is a Bad Deal.
Musk's opinion about the bill matters, since he is one of the few people in conservative politics who can get away with defying Trump.
Trump's War on Law Firms Fails
Plus: Punk rock comptroller, dunking on Pete Hegseth, France embraces Canadian health care, and more...
President Trump Made History Last Week on the Supreme Court's Shadow Docket
The Supreme Court very strongly hinted that it will overrule, or greatly narrow, Humphrey's Executor v. United States (1935).
Video of Cato Institute Virtual Event on "Tariffs, Emergencies, and Presidential Power"
I spoke along with my Cato colleague Walter Olson.
Trump's Pardon for Former Virginia Sheriff Who Exchanged Badges for Cash Makes a Mockery of 'Law and Order'
Scott Jenkins was convicted of engaging in cartoonish levels of corruption. If the rule of law only applies to the little guy, then it isn't worth much.
The Pentagon Is Getting $150 Billion From the 'Big Beautiful Bill'
Giving the Defense Department even more taxpayer money is a recipe for waste, not security.
Courts Are Quietly Taking Over the Internet
The next generation of online platforms is being shaped less by engineers and entrepreneurs and more by regulators and courts—and they’re very bad at it.
The Alien Enemies Act Doesn't Say What Trump Claims It Says
Father of the Constitution James Madison made a distinction between alien enemies and alien friends.
The Case Against Judicial Deference to Executive Branch "Factual" Determinations in Alien Enemies Act Cases
Legal scholar Rebecca Ingber offers some strong arguments against deference in this context.
The Trump EPA's Plan to End Greenhouse Gas Emission Regulation from Stationary Sources
Instead of making a headlong rush at the endangerment finding, the Administration is adopting a more targeted deregulatory strategy.
Thoughts on the Oral Argument in the Oregon Case Against Trump's IEEPA Tariffs
Like that in the similar case filed by Liberty Justice Center and myself, this one indicated judicial skepticism of Trump's claims to virtually unlimited power to impose tariffs.
The Supreme Court Said States Can't Discriminate in Alcohol Sales. They're Doing It Anyway.
Two decades after Granholm v. Heald was supposed to end protectionist shipping laws, states and lower courts continue to undermine the decision.
Cocaine Hippos, Monkey Copyrights, and a Horse Named Justice: The Debate Over Animal Personhood
Are human courts the best venue to protect wild animals?
Video of National Constitution Center Panel on "The War Over the Constitution's Meaning"
The participants were Amanda Shanor (Univ. of Pennsylvania), Alan Trammell (Washington and Lee), Wilfred Codrington, III (Cardozo), and myself.
