Law & Government
SCOTUS Seems Skeptical of the Federal Ban on Gun Possession by Cannabis Consumers
Most of the justices seemed unsatisfied by the Trump administration's argument that the law is constitutional as applied to a Texas marijuana user.
How Unstated Legal Ideas Have Deformed the Constitution
In the "three buckets" picture of the structure of the federal government, a federal entity that is not part of Congress or part of the judiciary must inevitably be in the Executive Branch.
Trump Should Have Made His Case for War to Congress and the American People
The administration was wrong to unilaterally and unconstitutionally commit the U.S. to war.
An Unconstitutional War
Trump's attack on Iran is obviously unconstitutional. The moral and policy issues are a closer call.
It's the Spending, Stupid!
The truest measure of government in our lives is the federal budget, which is out of control.
Bernie Sanders Is Lying About AI Data Centers
Robby Soave and Christian Britschgi discuss why AI data centers spark joy, their favorite Black Mirror episodes, and libertarian skepticism of the Epstein files release.
Trump Thinks Any Judge Who Rules Against Him Is in League With the 'Radical Left'
The president's wildly inaccurate ideological labels are no more meaningful than his other ad hominem attacks on people who disagree with him.
Katie Miller Is Trying To Sell MAGA on Solar Energy
Stephen Miller's wife is giving renewables a P.R. boost.
The Unconstitutional Commandeering of New Hampshire Continues
Judge McCafferty refuses to stay her unconstitutional injunction, and it appears the state AG's office is still failing to raise its strongest constitutional defense.
The Trump Administration Made Habeas Corpus Great Again
More habeas corpus petitions were filed over the last year than in the past three administrations combined because of the administration's mass detention policy.
Birthright Citizenship Re-Examined (from an Originalist Perspective)
Professor Michael Ramsey revisits the original public meaning of the 14th Amendment's citizenship clause.
"The Docket that Shall Not Be Named"
A discussion of the [shadow/interim/emergency/other] docket with Professor Kate Shaw.
Hillary Clinton Knows Nothing
Plus: AI layoffs, Paramount wins Warner Bros., and the Trump-Mamdani bromance.
Fight Government Corruption With Deregulation
The world is growing simultaneously more corrupt and bound in red tape. That’s not a coincidence.
National Constitution Center "We the People" Podcast About the Supreme Court Tariff Decision
I was one of the participants, along with Zach Shemtob (SCOTUSblog) and Julie SIlverbrook (NCC).
Society for the Rule of Law Podcast About the Tariff Decision
Gregg Nunziata interviewed me.
The 4 Economic Myths Powering Trump's New Tariff Push
American businesses and consumers absorbed nearly 90 percent of the 2025 tariffs' economic burden, the Federal Reserve Bank of New York found.
Why Don't Democratic Leaders Want To Vote on the Iran War?
A war powers resolution has been stuck in Congress—and Democrats are reportedly happy to let Trump walk into a quagmire.
The Postal Service's Recent Supreme Court Win Is Bad News for Government Accountability
Federal officials enjoy too much immunity from being sued over their misconduct.
Can People in Frog Costumes Beat Fascism?
The "State of the Swamp" event highlights the power and limits of absurdity and whimsy in political protest.
Will the Trump Administration Pay the Tariff Refunds It Promised?
It said that if it lost in court, it would refund companies that paid unlawful tariffs. Now it says the process could take years.
Thoughts on the Potential Broader Significance of the Supreme Court's Tariff Decision
Only time will tell how great the impact of the ruling will really be. But, at this point, it seems like a very significant decision.
Trump's SOTU Lies
Plus: Entitlement reform, gas prices, the Reason SOTU drinking game, robo-vac spies, and more...
Politicians Consider Soviet-Style Controls on 3D Printers
Panic over guns drives government officials to propose restricting popular technology.
The Supreme Court's Tariff Decision Vindicates the Rule of Law and the Separation of Powers
Although Trump has other options for taxing imports, the justices reminded him that he needs clear congressional authorization.
5 Reasons To Doubt Trump's Boast About Bringing Down Fentanyl Smuggling
A drop in seizures doesn't necessarily mean a decline in the supply.
Trump's Tariffs Are Not Going To Eliminate the Income Tax
And that's especially true if the tariffs are illegal.
Trump Says Tech Companies Should Build Their Own Power Plants for AI Data Centers
The plan recognizes that public opinion is what's holding data centers back the most.
Don't Believe Trump's Brags About Bringing Down Drug Prices
The president can't just bring prices down with the stroke of his pen, no matter what he claimed in his State of the Union speech.
Trump Gives IVF a Shoutout in the State of the Union Address
The Trump administration signals an intent to continue appealing to the mainstream, not the far right, on IVF.
3 Bogus Economic Stats in Trump's State of the Union
President Donald Trump tossed out a bunch of economic statistics during his State of the Union address. Here are three that are just plain wrong.
Trump Demands Congress Ban Large Investors Owning Homes. Here's Why That's a Bad Idea.
Large investors are a small, beneficial presence in the single-family home market.
Court Rules Chicago Is Liable for $163 Million in Overcharged Parking and Sticker Fines
A 2018 class action lawsuit argued that Chicago was unlawfully overcharging residents for parking and sticker fines.
ICE Whistleblower Says Training Is 'Deficient, Defective, and Broken'
An attorney and former ICE training instructor testified before Congress that changes to the training program “can and will get people killed.”
My New Boston Globe Article on Why "Trump's New Tariffs are Another Dangerous Presidential Power Grab"
The article explains why the new Section 122 tariffs are illegal, and courts should strike them down, when (as is likely) lawsuits are filed against them.
Trump Can't Filibuster Through the 6-Year Itch
Those expecting fireworks at tonight's State of the Union will have to sit through the tedious resume-padding of a flagging president.
In Tariffs Dissent, Clarence Thomas Embraced a Dangerous Theory of Executive Power
The conservative justice’s regrettable opinion in Learning Resources v. Trump.
Trump's Rationale for His New Tariffs Contradicts the Position He Took Before His Supreme Court Defeat
The president is relying on a provision that the government's lawyers said had no "obvious application" to his goal of reducing the trade deficit.
Trump's New Tariffs Are Probably Illegal Too
Attorneys for the Trump administration even admitted that Section 122 can't be applied to address trade deficits. Trump is now trying to do that anyway.
Climate Change Goes Back to the Supreme Court -- Colorado Edition
The Supreme Court granted certiorari in Suncor Energy v. County Commissioners of Boulder County
