The Senate Just Passed Rand Paul's Bill To Block Trump's Tariffs on Canada
The bill faces an uncertain future, but it is a faint glimmer of hope for those hoping to limit executive power over trade.
Law & Government
Joe Rogan Is Right: It Is 'Kind of Crazy' To Deport Innocent People Mistakenly Identified As Gang Members
The Trump administration says it is shameful even to suggest that immigration agents could make such errors.
Looking for Plaintiffs to Challenge Trump's IEEPA Tariffs in Court
The Liberty Justice Center and I are looking for appropriate plaintiffs to bring this type of case. LJC (a prominent public interest law firm) can represent them pro bono.
Nina Jankowicz's Defense of Government Censors Is Based on Misinformation
"Everything looks like a conspiracy when you don't know how anything works," said Jankowicz.
The Best of Reason: Rise of the Samurai Lawyers
An economist explores how a stable and relatively just legal order emerged in medieval Japan.
Mississippi Says Medical Marijuana Is Legal—Just Don't Talk About It
The state legalized medical marijuana but banned dispensary owners from advertising. Now, one owner is taking the fight to the Supreme Court.
Trump's Use of the Alien Enemies Act Violates Madison's View of Presidential Power
Alleged criminal aliens may face legal punishment. But only after receiving due process of law.
Trump's War on the Press
The president is arguing in court that journalism he doesn't like is "election interference" that constitutes consumer fraud.
The Hidden Politics of Whiskey Prices
Donald Trump is determined to make everything from Canadian whiskey to Mexican avocados more expensive. Can anyone stop him?
Lee Kovarsky on the Venue Issue in the Alien Enemies Act Case
A leading expert on habeas corpus explains why the Trump Administration is wrong to claim the case must be heard in Texas, rather than Washington, DC.
Rise of the Samurai Lawyers
An economist explores how a stable and relatively just legal order emerged in medieval Japan.
DC Circuit Upholds District Court Order Blocking Deportations Under The Alien Enemies Act
The 2-1 ruling is procedural, but strongly suggests the majority judges also reject the Trump administration's position on the merits.
Federal Court Rules Migrants Have Right to Hearing to Challenge Alien Enemies Act Deportations
Judge Boasberg ruled the migrants are entitled to due process in determing whether they really are "alien enemies" covered by the Act.
Trump's Attack on the Courts Channels the Worst of Theodore Roosevelt
An unconstitutional act is still unconstitutional even if lots of people support it.
The Atlantic Should Not Find Out About a War Before Congress Does
The White House accidentally leaked military plans in Yemen to a journalist—and demonstrated how unconstitutional U.S. war making has become.
Trump's War With the Courts
Plus: A listener asks why some American libertarians seem to unquestioningly accept everything Vladimir Putin says.
Trump Ends Program for Legal Migrants From Cuba, Haiti, Nicaragua, and Venezuela
Over 500,000 migrants used the program to enter and work in the U.S.
Justices Alito and Gorsuch Would Like to Reconsider Crawford
Two decisions respecting a denial of certiorari suggest the Court should reconstruct Confrontation Clause jurisprudence.
States Keep Suing the Feds, but Not in Defense of Federalism
State Attorneys General appear more interested in lining up with their political tribe than they are in defending state interests.
Trump and Congress Have a Right and a Duty To Kill the Department of Education
The feds have no constitutional authorization to meddle in education.
Their Kids Said They Were Trans. Then CPS Came Knocking.
Across the country, parents of gender-dysphoric kids are confronting state intrusion.
Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
Trump Thinks the Feds Can Fix America's Critical Mineral Supply Chain
Invoking the Defense Production Act won't boost the supply of critical minerals.
Did Trump Just Abolish the Department of Education?
While he can't get rid of the department outright, a new executive order attempts the next best thing.
Two Audio Interviews About the Alien Enemies Act Litigation
Links to audios of a Cato Institute podcast and an interview with ABC News (Australia).
National Constitution Center Podcast on the Alien Enemies Act and Mahmoud Khalil Immigration Cases [Updated]
The participants were Adam Cox (NYU) and myself.
Gavin Newsom Should Work on Governing Rather Than Podcasting
California once was the state where a visionary might start up a gee-whiz concept in a garage. Now bureaucrats and powerful unions would crush that concept in its infancy.
Kansas Schools Fought Open Enrollment but Now Need It To Stay Afloat
Superintendents warned open enrollment would overwhelm them. Instead, they have nearly 3,000 vacancies as parents and students have more choices.
Invest in Education—Not the Department of Education
More education dollars are funding more bureaucrats, who, by and large, are not improving student outcomes.
Trump's Judge Bashing Provokes a Rebuke From Chief Justice John Roberts (Again)
"Impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts noted after Trump said federal judges who impede his agenda should be fired.
Trump Fires Democratic FTC Commissioners
The removals challenge Humphrey’s Executor, a Supreme Court precedent that protects independent agency officials from political firings.
President Trump Targets Humphrey's Executor Directly
President Trump acts to remove two Democratic commissioners from the Federal Trade Commission. Litigation is likely.
Chief Justice Roberts' Remarks on Threats to Judges
In 2020, the Chief Justice condemned Senator Schumer's "dangerous" remarks.
'We Are Not Stopping'
Plus: Texas midwife arrested for violating abortion ban, JFK files, Gaza bombings, astronauts finally rescued, and more...
Trump Administration Likely Violated Court Order in Alien Enemies Act Case
They used the Act to deport some 137 Venezuelan migrants to El Salvador even after a federal court issued a temporary restraining order blocking such action.
Pardons and Autopen Signatures: A 2024 Appellate Decision Says Pardons Don't Have to Be Signed (or Even Written) at All
[UPDATE: I note a contrary argument in an update at the end of this post.]
In Trump's Revenge Fantasy, Biden Did Not Actually Pardon Members of the January 6 Committee
The president says those legislators are "subject to investigation at the highest level," notwithstanding their pardons and the Speech or Debate Clause.
Why We Don't Need the Department of Education
Plus: A listener asks the editors whether a Kamala Harris presidency would have been preferable.
First They Came For…
Plus: Democrats' filibuster hypocrisy, Trump bombs Yemen, March Madness, and more...
The Cold War Broadcasting Apparatus Should Shut Down
Dissidents resisting authoritarian regimes should be independent of the United States—and so should their media sources.
Trump's Awful Decision to Gut Voice of America and Radio Free Europe/Radio Liberty
Trump is destroying a valuable source of American "soft power" and an inspiration to people suffering under authoritarian regimes.
Trump Invokes Alien Enemies Act as Tool for Deportation - Federal Court Issues Temporary Restraining Order Against it [Updated]
If courts allow Trump to get away with using the Act in peacetime, it would set a dangerous precedent.
My US News and World Report Article on Trump's Dictatorial Immigration Power Grabs
The article is coauthored with Cato Institute scholar David Bier.
