Why Trump's "Liberation Day" Tariffs are Illegal
They weren't authorized by Congress and go against the major questions and nondelegation doctrines.
They weren't authorized by Congress and go against the major questions and nondelegation doctrines.
A small but growing bipartisan movement in the Senate is pushing back against the president's imposition of tariffs, but there's plenty of room to go further.
The justices unanimously overturned a 5th Circuit decision that deemed the agency's treatment of e-liquids "arbitrary and capricious."
The bill faces an uncertain future, but it is a faint glimmer of hope for those hoping to limit executive power over trade.
The Trump administration says it is shameful even to suggest that immigration agents could make such errors.
The Liberty Justice Center and I are looking for appropriate plaintiffs to bring this type of case. LJC (a prominent public interest law firm) can represent them pro bono.
"Everything looks like a conspiracy when you don't know how anything works," said Jankowicz.
More litigation is required to find out which kits and unfinished parts are subject to regulation.
Bureaucrats in Dunedin, Florida, originally hit Jim Ficken with a fine close to $30,000. When he couldn't pay that, things turned dire.
An economist explores how a stable and relatively just legal order emerged in medieval Japan.
can go forward in part, a federal trial judge concludes.
The state legalized medical marijuana but banned dispensary owners from advertising. Now, one owner is taking the fight to the Supreme Court.
Alleged criminal aliens may face legal punishment. But only after receiving due process of law.
The president is arguing in court that journalism he doesn't like is "election interference" that constitutes consumer fraud.
Donald Trump is determined to make everything from Canadian whiskey to Mexican avocados more expensive. Can anyone stop him?
Evan Bernick's first in a series of guest-blogging post: Part I of a critique of an important defense of the constitutionality of Donald Trump's executive order on birthright citizenship.
A leading expert on habeas corpus explains why the Trump Administration is wrong to claim the case must be heard in Texas, rather than Washington, DC.
An economist explores how a stable and relatively just legal order emerged in medieval Japan.
and then lied to parents about what was happening." Because some claims remain undecided in trial court, the court of appeals holds it lacks jurisdiction over the appeal.
The Court's opinion upholding federal regulation of "ghost guns" makes passing reference to Loper Bright Enterprises.
The 2-1 ruling is procedural, but strongly suggests the majority judges also reject the Trump administration's position on the merits.
Legislators have used the state Constitution to avoid accountability for egregious traffic violations.
An interesting new study on how state bar requirements may affect the quality and quantity of legal services.
Judge Boasberg ruled the migrants are entitled to due process in determing whether they really are "alien enemies" covered by the Act.
that's likely just the tip of the iceberg.
An unconstitutional act is still unconstitutional even if lots of people support it.
After Assad’s fall, Syria was poised for liberation. Instead, ethnic violence, sectarian dogma, and unchecked power are threatening to turn victory into yet another nightmare.
The White House accidentally leaked military plans in Yemen to a journalist—and demonstrated how unconstitutional U.S. war making has become.
Plus: A listener asks why some American libertarians seem to unquestioningly accept everything Vladimir Putin says.
Over 500,000 migrants used the program to enter and work in the U.S.
The judge ruled that Donald Trump and Texas Gov. Greg Abbott's executive orders targeting "gender ideology" can't change the fact that drag performance is expressive conduct under the First Amendment.
A response to Joel Alicea on whether originalism needs a moral defense.
Two decisions respecting a denial of certiorari suggest the Court should reconstruct Confrontation Clause jurisprudence.
State Attorneys General appear more interested in lining up with their political tribe than they are in defending state interests.
The court concludes that the federal 2005 Public Readiness and Emergency Preparedness (PREP) Act preempts state battery claims, but not state constitutional law claims.
The feds have no constitutional authorization to meddle in education.
Across the country, parents of gender-dysphoric kids are confronting state intrusion.
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.
Invoking the Defense Production Act won't boost the supply of critical minerals.
While he can't get rid of the department outright, a new executive order attempts the next best thing.
Links to audios of a Cato Institute podcast and an interview with ABC News (Australia).