Bernick v. Wurman on Birthright Citizenship and the 14th Amendment
An important (and importantly civil) debate on birthright citizenship.
Law & Government
Yet Another Federal Court Rules Against Trump in an Alien Enemies Act Case
The Southern District of New York rules Trump invoked the Act illegally, because there is no "invasion" or "predatory incursion."
Rent Control Delayed but Not Dead in California
Plus: Arkansas legalizes ADUs, activists sue to stop missing middle housing, and Trump's housing plans for federal lands
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.
'Federal Courts Have No Role To Play,' Trump Tells SCOTUS in Latest Deportation Case Filing
The Trump administration is desperate to avoid judicial review.
School Choice Could Defuse Culture War Fights
A Supreme Court case about religious parents' rights underscores a deeper problem: Without choice, public schools become a culture war battleground with no exit.
Should Sharing Information About Israeli Businesses Get You 20 Years in Prison?
The IGO Anti-Boycott Act would dramatically expand U.S. anti-boycott laws. The House quietly postponed a vote after running into unexpected Republican opposition.
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.
How Trump's Tariffs Threaten the Rule of Law
By giving one man the power to impose massive tariffs anytime he wants, Trump's policy undermines the predictability and impartiality that the rule of law requires.
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."
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.
