Rep. Suzan DelBene on Tariffs, Trade Policy, and Congressional Authority
"I've been very vocal about congressional authority under a Democratic president or now under a Republican president," the Washington state congresswoman tells Reason.
Law & Government
'Federal Courts Have No Role To Play,' Trump Tells SCOTUS in Latest Deportation Case Filing
The Trump administration is desperate to avoid judicial review.
America First Legal Foundation v. Chief Justice John Roberts
A FOIA lawsuit that seeks executive branch control over the Judicial Conference of the United States and Administrative Office of the United States.
What if the President Tries to Annex Greenland and Canada?
Trump's new imperialism makes neither economic nor geopolitical sense.
Can the President Refuse To Spend Money Authorized by Congress?
Impoundment, line-item vetoes, and the tricky problem of cutting spending through the executive branch
Why the Major Questions Doctrine Applies to the President, Not Just Executive Agencies
This is a key issue in cases seeking to limit executive branch power grabs, including Trump's tariffs. Judge Ryan Nelson (a conservative Trump appointee) explains why the president is not exempt from the doctrine.
The IRS Says Your Digital Life Is Not Your Property
A Supreme Court case could determine whether Americans own their digital data—or whether the government can take that information without a warrant.
Maine Legislator Barred From Voting Over Social Media Post
Earlier this year, state Rep. Laurel Libby made a post criticizing trans women in women's sports. Her refusal to apologize has cost Libby her right to speak on the House floor and vote on legislation.
Trump Tries To Defund NPR and PBS by Executive Order
A new executive order would keep the Corporation for Public Broadcasting alive while telling it to cut off the two biggest public broadcasting networks. Get ready for a legal fight.
Texas Lawmakers Want To Use 'Police Power' of the State To Halt Renewable Energy Projects
The legislature is advancing three bills that will trample on private property rights and give natural gas a leg up in the Lone Star State.
President Trump Makes First Judicial Nomination of Second Term
President Trump's first judicial nomination of his second term clerked for Justices Alito and Barrett (and then-Judge Kavanaugh)
California's Environmental Regulations Are a Mess. Why Won't Lawmakers Fix Them?
The California Environmental Quality Act has created a regulatory nightmare.
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."
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.
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.
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.
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.
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.
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.
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.”
Chicago Cancels Cinco de Mayo Parade Over Fears of ICE Deportations
The Windy City has been the target of ICE’s ire since President Donald Trump took office.
