Law & Government
'We Cannot Be Afraid To Do Something Because the Left Might Do It in the Future'
Vice President J.D. Vance on the nature of power
Trump's Unconstitutional Plan to Withhold all Federal Funding From Sanctuary Cities and States
The plan violates multiple constituitonal provisions and goes against Supreme Court precedent. If somehow allowed to stand, it would gravely imperil federalism and the separation of powers.
Can We Save American History From Partisan Politics?
Former U.S. Archivist Colleen Shogan discusses the importance of preserving presidential records and the challenge of maintaining public trust in an era of partisan conflict.
No, ICE Agents Do Not Have 'Absolute Immunity' From State Prosecution
How J.D. Vance misstated the law.
Trump's War on Interest Rates
No one likes high interest rates on credit cards and loans, but artificially lowering interest rates via executive power is not a solution.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1989 to 2009
Presidential non-acquiescence in Humphrey's Executor from 1989 to 2009.
'Pregnant? Don't Want To Be?' Ads at South Dakota Gas Stations Spark First Amendment Battle
Mayday.Health ads that direct people to an informational website about abortion access are deceptive advertising and must be banned, the state argues. That’s unconstitutional, counters Mayday.
Data Centers Use Lots of Electricity. This Bill Would Let Them Go Off the Grid.
The DATA Act, introduced by Sen. Tom Cotton, would exempt electrical utilities from federal regulation if they don't touch the electrical grid.
Google Missed Key Deadline in Suit Alleging Google's AI Libeled Business, Court Holds
A federal district court rules that the case should go back to Minnesota state court, rather than being in federal court.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1969 to 1989
Humphrey's Executor from 1969 to 1989.
The Trump Administration's Deportation Reels Keep Getting Copyright Strikes for Using Music Without Permission
Without any real consequences for copyright infringements, the Department of Homeland Security doesn't have much incentive to follow the law.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1945 to 1969
Almost every president since 1945 has refused to accept Humphrey's Executor as having been correctly decided.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1933 to 1945
President Franklin D. Roosevelt did his best to defend presidential removal power at will notwithstanding the Supreme Court’s lawless decision in Humphrey’s Executor v. United States.
Justice Sotomayor Authors First Opinion of Supreme Court's October 2025 Term
Contrary to widespread speculation, the Court's first opinion of an argued case concerned neither Trump's tariffs nor voting rights.
Review: Why You've Probably Never Heard of James Garfield's Assassin
The Death by Lightning miniseries dramatizes the assassination of a president who left little lasting impact on Americans' lives.
The Minnesota Fraud Scandal Is Just the Tip of the Iceberg
Medicaid fraud has been endemic at the state and federal levels for decades. Focusing on a single official or state misses a deeper lesson.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1921 to 1933
Every President from 1921 to 1933 successfully defended presidential removal power at will.
Transgender Athletes, Guns, and the Federal Reserve: 3 SCOTUS Cases To Watch in January
The Supreme Court’s January docket is packed with big cases.
The Trump Administration Says It's Illegal To Record Videos of ICE. Here's What the Law Says.
"Violence is anything that threatens them and their safety, so it is doxing them, it's videotaping them where they're at when they're out on operations," Homeland Security Secretary Kristi Noem said.
Why the DOJ Has Stopped Describing Maduro as the Head of a Literal Drug Cartel
That embarrassing mistake highlights the slipperiness of Trump's attempts to justify legally dubious policies by invoking the specter of "foreign terrorist organizations."
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1901 to 1921
Every president from 1901 to 1921 successfully defended presidential removal power at will.
"The Undersigned Cannot Recall a Comparable Instance of Such Brazen and Repeated Dishonesty" in 55 Years as a Judge
The "filings have led to the Court completely losing trust in" the lawyers involved.
Federal Red Tape Plunges Under Trump
The president is making real progress on deregulation, but he needs to get Congress involved.
The 'Law Enforcement' Rationale for Invading Venezuela Is an Open-Ended License for War
If an indictment is enough to justify military action, why bother seeking congressional approval?
The Contradictions of Supply-Side Socialism
Zohran Mamdani signs executive orders to speed up new construction. His housing policy picks also want to abolish private property.
Justice Barrett, Trump v. Slaughter, and Presidential Removal Power from 1881 to 1901
Every president from 1881 to 1901 successfully defended presidential at-will removal power.
How the Trump Administration Quietly and Quickly Took Over 3 Golf Courses in Washington, D.C.
Plus: Thank capitalism for the best parts of college football bowl season
Chief Justice Roberts on the Declaration of Independence
Roberts' year-end report on the federal judiciary includes some notable statements about the Declaration and its relevance to constitutional interpretation and judicial review.
Does the Supreme Court Favor the Rich?
The NYT profiles a sloppy and highly problematic empirical study of the Supreme Court.
Did Marco Rubio Lie to Congress About Venezuela?
His explanation for why the Trump administration attacked Venezuela without congressional authorization does not stand up to scrutiny.
How Marjorie Taylor Greene Went From QAnon Acolyte to MAGA Exile
You don't need a detailed theory to explain the departing congresswoman's journey.
Photo: These Lenses Can Slow the Progression of Nearsightedness
While Europe and Asia have had Stellest glasses for years, the FDA finally approved them for the U.S. in 2025.
Congressional Acquiescence Facilitates Executive Branch Military Adventurism
Here as elsewhere, lethargy in the legislature is no way to counter execss energy in the executive.
Thoughts on the Capture of Maduro and Trump's Attack on Venezuela
Maduro is a brutal dictator who is getting what he deserves. But Trump's actions are still illegal, because lacking proper congressional authorization. Whether they result in a beneficial regime change in Venezuela remains to be seen.
3 Areas Where the Courts Pushed Back Against Trump's Attempts To Avoid Judicial Review in 2025
The president asserted broad powers to deport people, impose tariffs, and deploy the National Guard based on his own unilateral determinations.
Why Mitt Romney's Call To Tax the Rich Falls Apart
Yes, the status quo is unsustainable. But Romney's proposed solution risks making those problems harder to fix while foreclosing opportunities for the next generation.
Did Brett Kavanaugh Just Apologize for Butchering the Fourth Amendment? Maybe.
Puzzling over a curious omission from the conservative justice.
Cato Institute Looking to Hire an Executive Power Scholar
An opportunity to work at the nation's leading libertarian think tank.
How Politicians and Cops Tried To Dodge Responsibility in 2025
Presidents, legislators, and police officers were desperate to blame anyone but themselves.
The Minnesota Welfare Fraud Story Is Really About a Broken Medicaid Bureaucracy
Federal Medicaid policy creates little incentive for states to stop potential fraudsters. Fixing that should be the priority, not demonizing Somali immigrants.
