Law & Government
D.C. Circuit Upholds Injunction Against Trump's Ballroom
The Constitution assigns control of federal property to Congress, which never approved the president's demolition and replacement of the East Wing.
The 'Affordability' Agenda That Taxes Your Dinner
Food-related taxes are rising in popularity, though they hurt restaurants and customers—and may even fail as a revenue-raising tool.
Trump's New Birthright Citizenship Executive Orders Are Mostly Theater
The two measures combine unconstitutional provisions with performance art.
Democrats Want To Tax AI Companies for Job Losses That Haven't Happened
The proposed tax would rise with unemployment and fund a new federal jobs program—even though AI has yet to cause mass unemployment.
The White House's Push To Pause the Hemp Ban Smells Like Cronyism
The ban would gut a growing industry, but the Trump administration’s position isn’t a principled stand against prohibition.
Divided D.C. Circuit Panel Upholds Injunction Against White House Ballroom Construction; Next Stop, One First Street
Judge Rao writes a powerful dissent that is likely to find a receptive audience at One First Street.
North Carolina Citizen Files Damages Claim After Border Patrol Arrested Him, Then Left Him on the Roadside
A viral video showed immigration officers uncuffing Fernando Vasquez and then dumping his papers onto the ground before driving off.
DOGE Claimed $110 Billion in Spending Cuts That Couldn't Be Verified, Audit Finds
The DOGE project was the second Trump administration's best idea. Unfortunately, it was terribly executed.
Courts Say the Justice Department Is Shredding the 'Presumption of Regularity.' It Never Deserved Extra Trust.
Misconduct and misrepresentations by Justice Department lawyers have led some federal judges to question the traditional benefit of the doubt they give to the government.
A Major 'Online Safety' Bill Cleared a Senate Committee. More Crackdowns on Internet Freedom Could Be Coming.Â
The Senate Commerce committee advanced four bills related to online and AI safety in the name of protecting children.Â
A Federal Judge Rejects National Firearms Act Regulations, Saying Their Tax Rationale No Longer Applies
When Congress eliminated taxes on suppressors, short-barreled rifles, and short-barreled shotguns, it also eliminated the constitutional justification for regulating them.
Hawaii's End Run Around Citizens United Faces a First Amendment Roadblock
A new Hawaii law reclassifies corporate political speech as a "power" the state can revoke at will.
"What the 2025-2026 Supreme Court Term Revealed About the Roberts Court"
A new podcast from the National Constitution Center
No Religious Exemption from Forum Selection Clause in Employment Agreement
"Plaintiff should be treated like any other employee in his position, not that he should be favored based on his identity."
Why James Madison Wanted Greater Limits on States' Rights
The “father of the Constitution” worried about federal and state overreach.
Abdul El-Sayed Says He's Not a Socialist. His Policy Agenda Says Otherwise.
El-Sayed is pushing a mendacious claim: that people would be wealthier if they endured yet another massive transfer of money and power to a vast federal health bureaucracy.
Senators Want To Claw Back Trump's Spending Power. They Should Just Pass a Real Budget Instead.
The Senate’s funding bill stops the Trump administration from handing political appointees control over federal grants, but Congress isn’t eager to rein in spending.
My New Dispatch Article on Trump's Section 301 "Forced Labor" Tariffs
The article explains why the new tariffs are harmful and illegal for many of same reasons as those invalidated by the Supreme Court.
The YIMBY-Libertarian Convergence
An eminent domain case out of Rhode Island shows how YIMBY regulatory reforms and libertarian constitutional law activism work in tandem.
Elena Kagan's Warning to Progressives
The liberal justice wants the Supreme Court’s harshest progressive critics to chill out.
Prospective Legal Challenges to Trump's Section 338 Tariffs Against Canada
A guest post by Georgetown legal scholars Peter E. Harrell and Jennifer Hillman.
Todd Blanche's Concessions Underline the Flagrant Phoniness of Trump's IRS 'Settlement'
The acting attorney general confirms his dishonesty in presenting that jaw-dropping scam as the resolution of a bona fide legal dispute.
Gordon-Darby Renews Attempt to Commandeer New Hampshire Through the Clean Air Act
A renewed suit seeking to leverage the Clean Air Act in pursuit of lucrative government contracts.
Amicus Brief in Suncor Energy v. County Commissioners of Boulder County
In the upcoming climate change case the Supreme Court should reject the industry and Trump Administration arguments for preemption-by-penumbra.
David Cole's Qualified Defense of the Supreme Court
The prominent liberal legal scholar and former ACLU leader outlines how the Court has often checked Trump, but also critiques it for going against precedent.
Trump Re-Ups the Anti-Weaponization Fund, Reinforcing the Demand That Todd Blanche Kill It for Good
The president is still pushing the idea of using taxpayer money to reward Capitol rioters, contradicting the attorney general nominee's assurance that it won't happen.
New York Wants a $36 Billion Cut From Kalshi, Calling It an 'Illegal Gambling Operation'
Casting Kalshi as an out-of-control gambling platform makes it easier for the state to take money from the company and its users.
A Serial Liar Likely Sent an Innocent Man to Florida's Death Row. Why Is He Still There?
Paul Skalnik was a career criminal and jailhouse snitch whose unbelievable testimony secured dozens of convictions—including that of Jim Dailey, who awaits execution.
Rand Paul's Biosimilar Drug Bill Could Cut Costs, Speed Patient Access
The Expedited Access to Biosimilars Act enables FDA approval of pharmaceutically equivalent biologic medications.
Meet The Spice Entrepreneur Challenging Trump's Newest Tariffs
"There is no domestic alternative" for peppercorns grown in Zanzibar or herbs from the south of France, says Ori Zohar, the former Shark Tank contestant taking the administration to court.
Trump's New Director of National Intelligence Is a Menace to Liberty
As U.S. attorney, Jay Clayton subpoenaed journalists for reporting embarrassing information about the president's new plane.
Updated Version of My Article "Immigration is Not Invasion"
It is now available on SSRN. This revision adds additional points, and takes account of various recent events.
Anthony Fauci Refuses to Answer Rand Paul's Questions After Diary Disclosures Go Viral
Robby Soave and Amber Duke talk about Fauci's appearance before Congress, where he pleaded the Fifth rather than address COVID's origin.
Trump Keeps Pushing Legally Dubious Tariffs
The president's latest round of broad import taxes, like the previous two, treats his statutory authority as an afterthought.
People Have Got To Try Being Normal About Caitlin Clark, Sophie Cunningham, and the WNBA
Plus: Congress struggling to regulate college sports, looking at the economics of World Cup hosts, and why are golf shows all the same?
