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.
Law & Government
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.
Trump's Mass Cancellation of Student Visas Illustrates the Lawlessness of His Immigration Crackdown
A federal judge blocks the administration's "Student Criminal Alien Initiative," which targeted foreign students who had no criminal records.
Come July, Keys Will Be De Facto Illegal In Minnesota
The vast majority of keys on the market contain more lead than is allowed by the state's strict new heavy metal standards.
Baude on Trump v. Wilcox: "Predictable and Reasonable"
A defense of the Supreme Court's decision to let President Trump remove members of the NLRB and MSPB.
Does the Big, Beautiful Bill Contain a Threat to Judicial Independence? (Updated)
Is it a problem if a provision requires judges to comply with the Federal Rules of Civil Procedure?
Texas Bans Delta-8 THC, Which Is Only Popular Because of Prohibition
Six years after legalizing hemp and its by-products, the state is revising its drug policies and criminalizing products sold by thousands of Texas businesses.
The Executive Power Case That Unites Donald Trump and Franklin Roosevelt
Trump’s firing of a federal agency head may soon spell doom for a New Deal era precedent that limited presidential power.
A Split Supreme Court Says Oklahoma Can't Have a Religious Charter School
The deadlocked court doesn't provide much clarity to sticky questions about the limits of religious freedom.
Supreme Court Stays Reinstatement of Fired NLRB and MSPB Members
"Because the Constitution vests the executive power in the President, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents."
A Top Antitrust Enforcer Is Open To Prosecuting People Who Disagree With Him
Mark Meador thinks the Federal Trade Commission may have the legal right to investigate nonprofits that “advocate for the interests of giant corporations” if they don’t disclose their donors.
How Does the National Debt Affect You? A Budget Expert Explains.
Higher debt means lower wages, higher interest rates, and fewer opportunities, says Romina Boccia of the Cato Institute.
Trump's Prescription Price Controls Would Lead to Fewer New Drugs
The executive order is likely unconstitutional, but if implemented as written, it would be detrimental to the American health care market.
Congress Is Giving Energy Lobbyists a 3-Year Window to Keep Up to $2 Trillion in Subsidies
The "one big, beautiful bill" keeps the corporate welfare that Republicans claim to hate.
America's Credit Is Falling—and the Government Is Still Digging Deeper Into Debt
The lesson from the Moody's credit downgrade is that the U.S. cannot borrow its way to prosperity.
Forbes Interview on Developments in Our Case and Other Litigation Against Trump's "Liberation Day" Tariffs
I was interviewed by Brittany Lewis of Forbes.
