States Keep Suing the Feds, but Not in Defense of Federalism
State Attorneys General appear more interested in lining up with their political tribe than they are in defending state interests.
Law & Government
N.C. Court on Compensation for (Apparently Unauthorized) Forced Vaccination by School
The court concludes that the federal 2005 Public Readiness and Emergency Preparedness (PREP) Act preempts state battery claims, but not state constitutional law claims.
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.
Their Kids Said They Were Trans. Then CPS Came Knocking.
Across the country, parents of gender-dysphoric kids are confronting state intrusion.
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.
Gavin Newsom Should Work on Governing Rather Than Podcasting
California once was the state where a visionary might start up a gee-whiz concept in a garage. Now bureaucrats and powerful unions would crush that concept in its infancy.
One Federal Clause Allows DOGE To Cancel Contracts at Will
The Federal Acquisition Regulation requires the right for the government to terminate any federal contract "for convenience."
The FBI Seized This Woman's Life Savings—Without Telling Her Why
Linda Martin's lawsuit alleges that the agency violated her right to due process when it took her $40,200 and sent her a notice failing to articulate the reason.
Kansas Schools Fought Open Enrollment but Now Need It To Stay Afloat
Superintendents warned open enrollment would overwhelm them. Instead, they have nearly 3,000 vacancies as parents and students have more choices.
Invest in Education—Not the Department of Education
More education dollars are funding more bureaucrats, who, by and large, are not improving student outcomes.
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.
A Federal Judge in Utah Orders Local Officials To Return a Religious Group's Psychedelic Sacrament
The ruling by U.S. District Judge Jill Parrish emphasizes that religious freedom must protect "unpopular or unfamiliar religious groups" as well as "popular or familiar ones."
Chief Justice Roberts' Remarks on Threats to Judges
In 2020, the Chief Justice condemned Senator Schumer's "dangerous" remarks.
Chief Justice John Roberts Rightly Condemns Trump's Call to Impeach Judges who Rule Against Him
There is no justification for such impeachment efforts.
'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.
Why We Don't Need the Department of Education
Plus: A listener asks the editors whether a Kamala Harris presidency would have been preferable.
Is There a Right to a Jury Trial for Death on the High Seas Act Claims Not Designated as Admiralty Claims?
Retired Judge Gertner and I have filed an amicus brief in support of certiorari to answer the question, which has important important implications for admiralty jurisdiction.
New Income Tax Proposal Is Progressive and Unworkable
Commerce Secretary Howard Lutnick says the Trump administration wants to eliminate income taxes for those making $150,000 or less—an unprecedented shift with major consequences.
First They Came For…
Plus: Democrats' filibuster hypocrisy, Trump bombs Yemen, March Madness, and more...
The Cold War Broadcasting Apparatus Should Shut Down
Dissidents resisting authoritarian regimes should be independent of the United States—and so should their media sources.
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.
Anti-DEI Executive Orders Can Go Forward, for Now, Says Federal Appeals Court
A district judge had "found the provisions likely unconstitutional and issued a nationwide injunction" against them; the Fourth Circuit just stayed that injunction, pending full consideration of the issue on appeal.
How Pokémon Helps Explain DOGE
Musk's fans and critics will keep debating whether DOGE is revolutionizing government or wrecking important institutions.
TSA Screeners' Union Sues the Trump Administration for Violating Its First Amendment Rights
Passengers suing the TSA for First Amendment violations have had a rough time in court.
Passport Applicants May Have To Affirm That They Are 'Not Required To Register' As Sex Offenders
The proposed State Department policy would add to the irrational burdens that registrants face.
Howard Lutnick Doesn't Get To Decide What You Buy
There is no "royal we" in the marketplace.
Georgia Antidoxing Bill Could Criminalize Everyday Criticism
The bill is a "law against criticism of any kind," according to a lawyer who testified against it.
Schumer's Big Break
Plus: Rate reductions, Apple encryption, the Mahmoud Khalil case, and more...
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.
The EPA Announces a Fool's Errand: Reconsidering the Endangerment Finding
The move is part of a broader suite of deregulatory actions announced by the EPA Administrator, and is likely the least advisable item on the list.
