Law & Government
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.
District Court Rules Trump Violated Constitution by Usurping Congress's Spending Power
The decision involved administration attempts to withhold spending on foreign aid contracts, but has much broader implications.
Mel Gibson Controversy Highlights a Bigger Scandal: Many Americans Lose Their Gun Rights for No Good Reason
Millions of people are barred from owning firearms even though they have no history of violence, and they have essentially no recourse under current law.
Congress Just Made It Harder for Congress To Block Trump's Tariffs
The cowardice of Congress will continue fueling the growth of executive power.
Climate Activists Are Passing Laws To Tax the Past
A New York law demands fossil fuel companies pay $75 billion for carbon emissions dating back to the year 2000. Other Democrat-controlled states plan to follow suit.
The House's Budget Bill Cuts Earmarks, but Spending Will Be Going Up Anyway
Every cut helps, but that's not where the money is.
Government Goons Destroy Tree House
The owner of a beloved neighborhood structure spent years—and thousands of dollars—trying to comply with L.A. bureaucrats’ demands.
Rachel Barkow: Did Trump and Biden Turn Pardons Into a Corrupt Joke?
Presidential pardons have become a tool of favoritism and politics.
Republicans May Regret Undermining Judicial Independence
Threats to impeach federal judges who rule against the government are a naked attack on their constitutionally crucial function.
New York's Weed Nightmare
How pot bureaucrats used legal weed to push their social justice agenda
DOGE Isn't Exempt From FOIA Requests, Judge Rules
The judge found that the agency's "unusual secrecy" and "substantial authority" make it subject to public record laws.
Judicial Conference Recommends 71 New Judgeships, Including Two on the Ninth Circuit
The Judicial Conference again asks Congress to create more judicial seats to address judicial backlogs.
Sixth Circuit Rejects Qualified Immunity for Kim Davis for a Third Time
The message that public officials are required to follow the law, even if they disagree with it, does not seem to have gotten through.
Trump and California Are Set To Duke It Out Over Environmental Policy Again
During Trump's first term, California filed numerous lawsuits seeking to halt deregulation.
Preserve the Mercy of Pardon Power, Even If Presidents Misuse It
While overturning sentences through courts can take years, a grant of clemency is instantaneous.
D.C. Circuit Issues Opinion Explaining Stay that Allowed for Special Counsel Dellinger's Removal
The panel did not believe the Office of Special Counsel could be distinguished from the Consumer Financial Protection Bureau or Federal Housing Finance Authority.
