Anonymous Would-Be Intervenor Seeks TRO, Relying Heavily on AI Output, in Harvard's Challenge to Funds Freeze
No, says the judge.
Law & Government
Federal Judge Rules Trump's Alien Enemies Act Proclamation Is Unlawful
The Trump-appointed judge found that the administration's use of the Alien Enemies Act "exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms."
Federal Court Issues Two Important Rulings Against Trump in Alien Enemies Act Case
Federal district court Judge Fernando Rodriguez ruled that Trump invoked the AEA illegally, and that migrants threatened with deportation under the Act can file class action habeas petitions.
Senate Republicans Voted Overwhelmingly To Continue Trump's Trade War
Sen. Rand Paul's attempt to end the non-existent economic emergency failed to pass the Senate on Wednesday night.
Washington Outsider Report Podcast Interview on the Trump Tariff Litigation
I was interviewed by attorney/podcaster Irina Tsukerman.
The Tariffs Imposed by President Trump Are Unconstitutional
Presidential power must stem from the Constitution or a statute, and the tariffs imposed by President Trump are unauthorized by statute, making them both unlawful and unconstitutional.
This Is Not the 5-4 Supreme Court Split You Were Looking For
A statutory interpretation case, involving national emergencies, splits the justices in an unusual way.
Why the FBI Arrested Judge Hannah Dugan
The Wisconsin judge is charged with obstruction of justice and concealing an undocumented alien to prevent his arrest.
The TAKE IT DOWN Act's Good Intentions Don't Make Up for Its Bad Policy
Congress just approved a new online censorship scheme under the auspices of thwarting revenge porn and AI-generated "nonconsensual intimate visual depictions."
John Arnold: Government Can't Be Trusted To Fix Any Problems
John Arnold argues that private markets solve problems better than government or philanthropy, and that real reform comes from decentralization, incentives, and evidence—not top-down control.
Trump's Tariffs Usurp the Legislature's Tax Power
The president’s sweeping import levies have no basis in the statute he cites.
Trump's 100-Day Energy Policy Scorecard: Disrupted Markets and Slowed Investment
So much for unleashing American energy.
Back to Basics
Plus: California zoning bill survives powerful lawmaker's economic illiteracy, Montana legislators pass simple, sweeping, supply-side housing reforms, and Washington passes rent control.
New York Times Symposium on "A Road Map of Trump's Lawless Presidency"
I was one of 35 legal scholars who took part.
Trump Administration Admits ICE Arrested Mahmoud Khalil Without a Warrant
The administration's lawyers claim that this was justified by Khalil's likelihood of escape.
More Evidence that Immigrants - Including Illegal Ones - Have Much Lower Crime Rates than Natives
A new Cato Institute study further refutes claims that illegal migration is somehow causing a crime wave.
Maine Lawyer Tries to Get Federal Government Lawyer Investigated for Litigating Government's Claim Related to Transgender Athletes
The federal judge rightly rejects the request.
Can America Get Out of the Gerontocracy Trap?
If voters so overwhelmingly prefer younger candidates, why are they underrepresented in politics?
Trump's Understanding of Due Process Is Just As Farcical As His Definition of 'Alien Enemies'
A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.
Apparent AI Hallucinations in Defense Filing in Coomer v. Lindell / My Pillow Election-Related Libel Suit
UPDATE: Lawyer's response added; post bumped to highlight the update.
Justice Department Memo Claims Alien Enemies Act Allows Warrantless Home Searches and No Judicial Review
The memo says "Alien Enemies" aren't subject "to a judicial review of the removal in any court of the United States."
Pacific Legal Foundation Files Case Challenging Trump's IEEPA Tariffs
PLF is a leading libertarian-leaning public interest organization. Their case is similar to that filed by Liberty Justice Center and myself.
Could 'Princess Awesome' Defeat Trump's Tariffs?
Small businesses and a dozen states have filed a pair of lawsuits challenging Trump's authority to impose tariffs on board games, clothes, and lots of other things.
As the Economy Tumbles, so Does Trump's Approval Rate
There isn't much public enthusiasm for the president's chaotic style.
No Problem with Expert's Using ChatGPT to Confirm His Work
"Lehnert used ChatGPT after he had written his report to confirm his findings, which were based on his decades of experience joining dissimilar materials."
Will the 'Abundance' Agenda Make California Great Again?
Democrats would have a stronger rebuke to Trumpism if civic service in blue states were the national model rather than a laughingstock.
Is REAL ID Actually Happening?
The law was passed 20 years ago, and enforcement finally looms.
Twelve States File Lawsuit Challenging Trump's IEEPA Tariffs
The suit resembles previous ones on the same subject filed by the state of California, and by the Liberty Justice Center and myself.
Federal District Court Rules Against Trump in Alien Enemies Act Case
The court ruled that Trump invoked the AEA illegally, blocks deportation of Venezuelan migrants who filed the case, and sets out standards for notifying them of their rights to challenge their deportation.
By Openly Retaliating Against Disfavored Law Firms, Trump Attacks Free Speech and the Right to Counsel
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Bipartisan Group of Prominent Legal Scholars and Former Government Officials Files Amicus Brief Supporting Our Case Challenging Trump's "Liberation Day" Tariffs
Signers include Steve Calabresi, Harold Koh, Richard Epstein, Michael McConnell, Alan Sykes, former Attorney General Michael Mukasey, and others.
Harvard University Should Emulate Hillsdale College and Cut Ties With the Government
To remain independent, institutions of higher education should end their reliance on taxpayer money.
Here Is Why Harvard Argues That Trump's Funding Freeze Violates the First Amendment
The administration's demands extend far beyond its avowed concern about antisemitism and enforcement of "civil rights laws."
California Housing Bills Face Crucial Hearing Today
Bills designed to allow more starter homes and apartments near transit face an uncertain future in the state Senate's housing committee.
Harvard Sues Trump Admin
Plus: Democrats visit El Salvador, Taiwan invasion possibilities, Hayek on rule of law, and more...
Cops Denied Qualified Immunity After Arresting Sober Teenager for DUI
"I blew a zero, so now you're trying to think I smoked weed?” Tayvin Galanakis asked the officer who arrested him in 2022. “That's what's going on. You can't do that, man.”
Alito and Thomas May Trust Trump To Follow a Court Order, but Gorsuch, Kavanaugh, and Barrett Seemingly Do Not
Understanding the Supreme Court's unusual late-night ruling against the Trump administration
Brief from Prof. Justin Driver (Yale) and Me in School Curriculum / Religious Opt-Out Case
"This Court should not announce an opt-out right for religious objectors under the Free Exercise Clause that its precedents would foreclose for students objecting to public-school curricula under the Free Speech Clause."
6 Cases That Paved the Road to Mass Incarceration
In Justice Abandoned, a law professor argues that the Court got these key decisions wrong.
Free Press Symposium on "Is Donald Trump Breaking the Law?"
The degree of agreement among participants with major ideological diferences is striking.
Supreme Court Issues Unusual Order in Alien Enemies Act Deportation Case
The order temporarily blocks AEA deportations. It likely also reflects the Court's growing frustration with the Trump Administration.
The Supreme Court Is About To Hear 2 Education Cases. Neither Goes Far Enough.
The Court will weigh religious opt-outs and charter school discrimination. But true educational freedom means funding students, not systems.
Not Guilty but Punished Anyway
Sentencing defendants based on acquitted conduct violates basic notions of justice.
Motion for Preliminary Injunction, Temporary Restraining Order, and Summary Judgement in Our Case Against Trump's "Liberation Day" Tariffs
The motion was filed today, and sets out our case in detail.
My New Lawfare Article on "The Constitutional Case Against Trump's Trade War"
It explains why the IEEPA "Liberation Day" tariffs are illegal and how our case against them relates to the other three cases challenging Trup's tariffs.
What Happens When Presidents Defy Court Orders?
“The Executive will lose much from a public perception of its lawlessness and all of its attendant contagions.”
Federal Appeals Court Rejects Trump Administration's Attempt To Block Return of Kilmar Abrego Garcia
"This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear," Judge J. Harvie Wilkinson warned.
