Law & Government
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.
6 Ways Sports and Politics Will Collide in 2026
From college sports to league expansion, politicians are going to have plenty of sway over sports next year.
These Progressives Seek to 'Disempower' the Courts
Is unfettered majority rule actually a good idea for the left to embrace?
Innocent Man Sues for Over $60,000 After Police Blew Up His Business. A Court Says He's Entitled to Nothing.
It is yet another ruling that shields the government from liability for damages caused by law enforcement.
The TRUMP AMERICA AI Act Is Every Bit As Bad As You Would Expect. Maybe Worse.
Sen. Marsha Blackburn’s latest is an anti-tech omnibus, combining years' worth of dangerous policy ideas into one big, bad bill.
Bail Reform Faces Backlash as Policymakers Move To Require Cash Bond for Pre-Trial Defendants
Critics of cash bail say it creates a two-tiered justice system: Those who can pay maintain their freedom, while those unable to pay remain behind bars.
The Fourth Amendment's Erratic Year at the Supreme Court
The right to be free from unreasonable search and seizure had a rocky 2025.
Refusing To Let Trump Deploy the National Guard in Chicago, SCOTUS Adds a New Wrinkle To the Debate
The justices suggested the president is misinterpreting "the regular forces," a key phrase in the statute on which he is relying.
Trump's Marijuana Order Vindicates Longstanding Criticism of the Plant's Legal Classification
In addition to its symbolic significance, rescheduling the drug will facilitate research and provide tax relief to state-licensed cannabis suppliers.
Trump's Economic Adviser Says Tariff Refunds Would Be 'Very Complicated' and Unlikely
Oh, so now the Trump administration is worried about the complexity of its tariff polices?
Andor Creator Tony Gilroy on Bureaucracy and the Surveillance State
Tony Gilroy examines how Andor portrays authoritarian power as a bureaucratic system, the moral compromises of life under surveillance, and the role ordinary people play in enforcing oppressive systems.
What If Congress Limited Birthright Citizenship and Nobody Noticed?
A new study further undermines revisionist claims about birthright citizenship under the Fourteenth Amendment, noting a dog that did not bark.
Mercy Otis Warren, the Founding Mother Who Opposed the Constitution
Remembering an important voice from the founding era.
Mamdani Needs a Maximalist Vision of Mayoral Power To Achieve His Goals. Lina Khan Has a Plan.
As one of Mamdani's top advisers, Khan has been making a list of all the "authorities that the mayor can unilaterally deploy."
A Bipartisan Push to Revive a 1930s Law Could Make Grocery Prices Even Higher
If the government revives the Robinson-Patman Act to force suppliers into charging small and large retailers the same price for vastly different quantities of the same product, that will mean higher prices.
MAHA Republicans Are Imposing New Food Labeling Mandates
New Louisiana and Texas laws will require businesses to disclose the use of seed oils, certain dyes, and many other ingredients.
Trump's Cruel and Illegal Expanded Travel Ban
A recent White House proclamation further expands his previous travel bans, to the point of barring nearly all legal migration from some 40 countries. Legally, it further underscores that Trump is claiming virtually unlimited executive power to restrict immigration,a claim that runs afoul of the nondelegation doctrine.
