My New Lawfare Article "Trump's 'Emergencies' Are Pretexts for Undermining the Constitution"
The article explains why these claims to emergency powers are illegal and dangerous, and how to stop them.
Law & Government
Roberts' Rules for Defending Judicial Independence and the Rule of Law
The Chief Justice is more consistent than his critics, left and right.
The South Stole Your Job
Plus: Tulsi does Trump's bidding, a new front opens in New York's war on weed, and more...
Trump (Partially) Wins an Alien Enemies Act Case
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."
Republican Reconciliation Package Will Lead to $3 Trillion Annual Deficits
A new analysis from the Committee for a Responsible Federal Budget estimates that the national debt will equal nearly 130 percent of GDP by 2034.
Gavin Newsom Wants To Make the Country's Most Expensive Gas Even More Expensive
All to shovel more money at wasteful and ineffective programs.
Trump's Case Against Birthright Citizenship Is a Constitutional Loser
The text and history of the Fourteenth Amendment run counter to Trump’s executive order.
The Court-Ordered Takeover of Rikers Shows the Crisis in American Prisons and Jails
A federal judge finally acknowledged that New York City won't fix the constitutional crisis at Rikers on its own, but the problem goes far beyond New York City.
New Republic Podcast Interview on Our Case Against Trump's "Liberation Day" Tariffs [Updated With Embedded Audio]
Greg Sargent of the New Republic interviewed me.
Trump's 'Deal' With China Leaves American Consumers and Exporters Facing Higher Tariffs Than Before
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.
The Federal Government's 175,000 Pages of Regulations Turn the Rule of Law Into a Cruel Joke
Trump rightly decries the "absurd and unjust" consequences of proliferating regulatory crimes.
Thoughts on Today's Oral Argument in Our Case Against Trump's IEEPA Tariffs
Outcomes are hard to predict. But the judges seemed skeptical of the government's claim that Trump has virtually unlimited authority to impose tariffs.
Since Immigration Is an 'Invasion,' a Top Trump Adviser Says, the President Might Suspend Habeas Corpus
Stephen Miller's understanding of the Constitution is dubious for several reasons.
Trump Called Price Controls 'Communist.' Now He's Ordering Them for Prescription Drugs.
The president hopes to introduce even more government intervention into health care.
AI Hallucination in Filings Involving 14th-Largest U.S. Law Firm Lead to $31K in Sanctions
The judge finds "a collective debacle"—possibly caused, I think, by two firms working together and the communications problems this can cause—though "conclude[s] that additional financial or disciplinary sanctions against the individual attorneys are not warranted."
Amy Coney Barrett's "Suspension and Delegation" Revisited
One of the justices wrote extensively about when and whether the writ of habeas corpus may be suspended.
Defenders of Trump's Birthright Citizenship Order Offer an Implausible Take on a 127-Year-Old Precedent
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.
Why DOGE Failed
Elon Musk promised $2 trillion in cuts but delivered only a tiny portion of that total. We asked seven policy experts to explain what he got wrong.
Republicans Want To Redefine Obscenity
A new bill would ban sharing visual content that might "arouse" or "titillate."
David Souter Shaped the Supreme Court Through the Backlash He Inspired
The late justice was appointed by a Republican but quickly established himself as a judicial liberal.
How Joe Biden and Donald Trump's Perverse Pardons Undermined the Rule of Law
Biden's pardons for friends and Trump's blanket pardons for January 6 participants set terrible precedents.
Have You Ever Seen an Emolument Fly?
From Qatar, with love, a "palace in the sky."
Mothers Are Losing Custody Over Sketchy Drug Tests
Some hospitals are even reporting women for testing positive for drugs that were given to them during labor.
Can the EPA Rescind the Endangerment Finding? Should It Even Try?
A recent Federalist Society webinar on one of the Trump EPA"s top agenda items.
Homer Nodded in the U.S. Reports
How the phrase ended up in an opinion after it had been omitted.
Government Argues It's Too Much To Ask the FBI To Check the Address Before Blowing Up a Home
The Department of Justice told the Supreme Court there were "policy tradeoffs that an officer makes" in determining if he should "take one more extra precaution" to make sure he's at the right house.
Judge Orders Tufts Grad Student Rumeysa Ozturk Be Released on Bail From Immigration Detention
Ozturk's continued detention "potentially chills the speech of the millions and millions of people in this country who are not citizens," said U.S. District Judge William K. Sessions III.
New York's Biggest Budget Doubles Down on the Mistakes Driving People Out
Lawmakers passed the largest spending plan in state history, pushing costs higher without delivering results.
Billionaire Cliff Asness: Can Technology Outrun 'Stupider and Stupider' Government?
Co-founder of AQR Capital Management, Cliff Asness, discusses the decline of market efficiency, the dangers of populist economics, and his libertarian outlook on capitalism.
President Biden's and the Democrats' Assault on the Supreme Court and the Rule of Law
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.
Should a Killer's Victim Be Able to "Speak" at a Sentencing Through AI?
An Arizona trial court judge allowed this innovative approach to presenting a victim impact statement, which seems like a useful step toward justice.
Trump's New Budget Is Another Blueprint for Big Spending
We don't need more of the same. We need evidence of a serious turnaround.
Colorado Federal District Court Issues Additional Alien Enemies Act Ruling Against Trump
The court instituted a preliminary injunction against the Administration's use of the Act to deport Venezuelans.
How Florida Law Makes Gator Encounters More Dangerous
Protections apply even when the animal is on your property and getting closer.
NPR Interview on Legal Challenges to Trump's IEEPA Tariffs
Steve Inskeep of NPR interviewed me about the case against Trump's "Liberation Day" tariffs.
Elon Musk Discovers That Serious Spending Cuts Are 'Really Difficult'
As he shifts his focus away from DOGE, he acknowledges the need for hard choices and congressional action.
Trump Administration Makes Damaging Admissions on Alien Enemies Act and Deportations
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.
