The Government Sent '20 Police Officers' With Riot Gear To Rearrest D.C. Sandwich Thrower, Says Attorney
A video by the White House corroborates that account, calling into question just how serious the president is about actually addressing crime.
Law & Government
D.C. Sues Pam Bondi and the Trump Administration for Replacing Police Commissioner
The latest escalation in the showdown between the Trump administration and D.C. elected officials
Colorado's AI Law Is a Cautionary Tale for the Nation
A rushed attempt to regulate artificial intelligence has left lawmakers scrambling to fix their own mistakes.
My New Bulwark Article on Trump's Unconstitutional Export Tax
The article explains why the policy is unconstitutional, but also why it is unlikely to be challenged in court in the near future.
Was the Bill of Rights a Bad Idea? Some Founding Fathers Thought So.
Did they have a point?
On the Status of Judicial Independence in the American Constitutional Order
My new paper on judicial independence as a constitutional construction.
Americans Misunderstand Social Security but Appear Open to Reform
Younger Americans seem ready to treat the program as a safety net, not a retirement plan.
Are Opinions Respecting En Banc Denials "Offensive to Our System of Panel Adjudication"?
The judges on the U.S. Court of Appeals for the Sixth Circuit split over whether they should write about the reasons for their splitting over en banc review.
Forget Obama: Trump's Pen and Phone Are Bigger Even Than FDR's
The president is on a record-shattering pace for executive actions.
After Another Delay, Trump's China Tariffs Look Even Less Like a Legitimate 'Emergency'
The words national emergency are not a magic spell that presidents can utter to unlock unlimited legislative powers for themselves.
Trump Asks Supreme Court To Bless Racial Profiling by Immigration Agents
The federal government has embraced unconstitutional tactics and now wants SCOTUS to do the same.
Tariff Rebate Checks Are a Bad, Inflationary Idea
If Sen. Josh Hawley and the Trump administration want to spare Americans the pain from tariffs, there is a far simpler solution.
Congress Spent At Least $27,500 on Poster Displays in 2 Months. Here Are 4 Ridiculous Examples and 1 Good One.
It's a drop in the bucket compared to the national debt, but any wasteful government spending should be eliminated.
Child Protective Services Investigated Her 4 Times Because She Let Her Kids Play Outside
A mom who trusted her kids to play outside ended up under repeated investigation.
They Fled Socialism and Came to the U.S. Legally. Now the Trump Administration Is Trying To Deport Them.
For years, the president has rightly railed against those oppressive regimes. So why is his administration targeting their victims?
A Terrible Environmental Law Finally Did Something Good: It Paused Construction of Alligator Alcatraz
A federal judge issued a temporary restraining order against any additional construction at the immigration detention center amid plans to increase the facility’s capacity to 4,000 detainees.
Divided D.C. Circuit Panel Nixes Judge Boasberg's Criminal Contempt Order Against Trump Administration
Judge Katsas and Judge Rao disagreed on the reasons, but both agreed that Judge Boasberg overstepped; Judge Pillard dissented.
The FBI Has No Business Tracking Down Texas Democrats
Using the FBI to track down AWOL Texas Democrats is an unnecessary expansion of federal law enforcement authority.
Apple CEO Tim Cook Has Learned the Rules for Getting Ahead in Trump's America
When the line between public and private is erased, politics is all about special favors. That's gross.
Why Trump's Plan to Exclude Undocumented Migrants From Census Count Determining Apportionment of Congressional Seats is Unconstitutional
The Constitution requires apportionment to be based on a count of all "persons," excluding only "Indians not taxed."
Flickers of Hope for Afghans Caught in Legal Limbo
A federal court clears the way for a broader legal challenge to Trump’s refugee policies, even as Afghans in the U.S. face detention, expired protections, and rising fears of deportation.
How Protectionist Wine and Liquor Laws Violate the Constitution
The Commerce Clause protects free trade between the states.
Tiny Nations in the Crack of the Map
You could travel to a foreign country, or you could create your own.
Audit Finds $400 Million in Questionable Lease Spending After Maryland's Governor Bragged About Savings
A costly lease for the Maryland Department of Health, along with other findings in a state audit, raises questions about the millions in savings touted by Maryland Gov. Wes Moore.
The Government Seized 7 Horses From a Georgia 'Urban Cowboy.' A Court Says He Can Sue.
In a rare and significant decision, a federal court ruled Brandon Fulton can sue directly under the Takings Clause—without Congress creating a specific remedy.
Federal Circuit Judges Question Trump's Discovery of Vast Tariff Powers
The president is claiming "unbounded authority" to impose import taxes based on a law that does not mention them.
Trump's Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens
A federal court says U.S. citizens “are likely to succeed in showing” that immigration agents violated their rights.
The Government Fined This Farm Over $550,000—Mostly for a Paperwork Violation
Joe and Russell Marino will finally get their day in court. The ruling represents a turning of the tide when it comes to the fairness of such proceedings, where agencies have long played both prosecutor and jury.
How 'National Security' Came Unmoored From Americans' Actual Security
The turning point was the New Deal.
Alabama's Porn Tax Starts Soon
Websites are being told to create "Material Harmful to Minors tax accounts."
Federal Court Appears Receptive to Arguments Against Unilateral Presidential Tariff Power
President Trump’s invocation of emergency powers to impose tariffs faces skeptical judges.
Will the Sixth Circuit Get a Summary Reversal in Another Habeas Case?
In Chandler v. Brown, the Sixth Circuit may have been too quick (again) to grant a habeas petition.
Trump Is Openly Using the Presidency To Enrich the Trump Brand
And generations of allegedly anti-corruption Republicans just don't care.
A Cop Lied, Fabricated a Sex-Trafficking Case, and Jailed a Teen on False Charges—and Still Can't Be Sued
The case is a baffling reminder that the more power a government official has, the harder it is for a victim to get a shot at justice.
Hiking Tariffs on Canada, Trump Demands 'Adequate Steps' To Achieve an Impossible Drug War Goal
Canada accounts for a tiny percentage of fentanyl smuggling, which cannot be stopped by trying harder.
Are We Witnessing "Appeasement"? A Reply to Steve Vladeck
A defense to Steve Vladeck's critique and a brief comment on Adrian Vermeule's related op-ed in the New York Times.
The National Debt Is Becoming Your Local Problem
Federal overspending is squeezing states and cities, forcing them to raise taxes, slash services, or pile on more debt.
Are Trump's Tariffs Responding to an Actual Emergency?
If so, then why postpone any enforcement until October?
Lawmakers Sue ICE To Protect Right To Visit Detention Centers Unannounced
Lawmakers say a new DHS rule requiring advance notice for detention center visits undermines congressional oversight.
El Salvador Just Made It Legal for Bukele To Stay in Power Indefinitely
With near-total control of Congress, Nayib Bukele’s party eliminated key limits on presidential power.
Today's Federal Circuit Oral Argument in Our Tariff Case
Outcomes are hard to predict. But the judges seemed skeptical of the administration's claim that the president has virtually unlimited power to impose tariffs.
My New Dispatch Article on Judicial Review of Emergency Powers
It makes the case for strong judicial review of executive invocations of sweeping emergency powers.
Veteran With PTSD Can Sue the Cops Who Arrested Him for Panhandling and Tased His Service Dog, Court Rules
Joshua Rohrer's dog, Sunshine, ran away and was later hit and killed by a car.
Law Firms Take Fewer Pro Bono Clients After Trump's Unconstitutional Orders
Even though the president has lost every time the orders have come before a judge, big law firms are still hesitant to upset the king and incur his wrath.
Justice Kavanaugh on the Peril of Writing Shadow Docket Opinions
Rushing out opinions can lock in erroneous conclusions and create problematic precedent.
On Sanctuary Cities, It's Trump vs. the 10th Amendment
The anticommandeering doctrine stands in the way of Trump’s immigration crackdown.
We're Lying to Ourselves About Taxes, Spending, and the Debt
It's time to ask what level of spending Americans truly want with the money we actually have.
