After Paying Illegal Tariffs, Will Small Businesses Get a Refund? 'I'm Not Holding My Breath.'
Even if the refunds are made, business owners say they won't cover all the additional costs created by Trump's chaotic trade policies.
Law & Government
How the Supreme Court's Conception of Its Role Contributes to the Deformation of the Constitution
The Court's law-declaration approach not only departs from its dispute-resolution premise but risks yielding a faulty product.
Yes, States May Prosecute ICE Agents for Misconduct
Plus: An unsettling comparison between the Iran War and “Lyndon Johnson going into Vietnam.”
US Court of International Trade Orders Refund of All Illegally Collected IEEPA Tariffs
Importantly, the Court ordered payment of refunds even to those businesses who have not filed a lawsuit to claim them.
Department of Homeland Security
In Senate Testimony on DHS Shootings, Kristi Noem Lies About Her Lies
The homeland security secretary blatantly misrepresented what she said about Alex Pretti on the day he was killed.
Woman Sues After Prison Staff Decided To Use Her as Rape 'Bait'
Their plan: have someone hide in the ceiling to catch the assailant in the act.
DHS Spent $220 Million on Ads Featuring Kristi Noem. Both Parties Grilled Her About It in the Senate.
Noem faced tough questions about an ad campaign that secretly awarded millions to a company with close ties to the homeland security secretary.
The Role of Delegation Theories in Deforming the Constitution
The Supreme Court's approaches of assuming agency authority to issue legislative rules and of prohibiting Congress from delegating to itself have resulted in an enormous transfer of power to the Executive.
Sunnyside Yards and the Errors of Pro-Growth Progressivism
Plus: New Jersey property owners survive an eminent domain attempt based on bogus blight allegations, a corporate homebuyer ban is slipped into Congress' housing bill, and the true cost of permitting in L.A.
DOJ Briefly Abandons Trump's Unconstitutional Orders Targeting Law Firms
The administration's capricious behavior underlies the inherent problem with giving a single person so much power.
The "Unitary Executive" Theory's Contribution to the Deformation of the Constitution
The "three buckets" picture of the federal government, in combination with the unitary executive thesis, gives extravagant power to the President.
Slavery and Birthright Citizenship
All the Trump Administration's arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amendment - granting citizenshp to freed slaves and their descendants.
SCOTUS Seems Skeptical of the Federal Ban on Gun Possession by Cannabis Consumers
Most of the justices seemed unsatisfied by the Trump administration's argument that the law is constitutional as applied to a Texas marijuana user.
How Unstated Legal Ideas Have Deformed the Constitution
In the "three buckets" picture of the structure of the federal government, a federal entity that is not part of Congress or part of the judiciary must inevitably be in the Executive Branch.
Trump Should Have Made His Case for War to Congress and the American People
The administration was wrong to unilaterally and unconstitutionally commit the U.S. to war.
An Unconstitutional War
Trump's attack on Iran is obviously unconstitutional. The moral and policy issues are a closer call.
It's the Spending, Stupid!
The truest measure of government in our lives is the federal budget, which is out of control.
Bernie Sanders Is Lying About AI Data Centers
Robby Soave and Christian Britschgi discuss why AI data centers spark joy, their favorite Black Mirror episodes, and libertarian skepticism of the Epstein files release.
Trump Thinks Any Judge Who Rules Against Him Is in League With the 'Radical Left'
The president's wildly inaccurate ideological labels are no more meaningful than his other ad hominem attacks on people who disagree with him.
Katie Miller Is Trying To Sell MAGA on Solar Energy
Stephen Miller's wife is giving renewables a P.R. boost.
The Unconstitutional Commandeering of New Hampshire Continues
Judge McCafferty refuses to stay her unconstitutional injunction, and it appears the state AG's office is still failing to raise its strongest constitutional defense.
The Trump Administration Made Habeas Corpus Great Again
More habeas corpus petitions were filed over the last year than in the past three administrations combined because of the administration's mass detention policy.
Birthright Citizenship Re-Examined (from an Originalist Perspective)
Professor Michael Ramsey revisits the original public meaning of the 14th Amendment's citizenship clause.
"The Docket that Shall Not Be Named"
A discussion of the [shadow/interim/emergency/other] docket with Professor Kate Shaw.
Hillary Clinton Knows Nothing
Plus: AI layoffs, Paramount wins Warner Bros., and the Trump-Mamdani bromance.
Fight Government Corruption With Deregulation
The world is growing simultaneously more corrupt and bound in red tape. That’s not a coincidence.
National Constitution Center "We the People" Podcast About the Supreme Court Tariff Decision
I was one of the participants, along with Zach Shemtob (SCOTUSblog) and Julie SIlverbrook (NCC).
Society for the Rule of Law Podcast About the Tariff Decision
Gregg Nunziata interviewed me.
The 4 Economic Myths Powering Trump's New Tariff Push
American businesses and consumers absorbed nearly 90 percent of the 2025 tariffs' economic burden, the Federal Reserve Bank of New York found.
Why Don't Democratic Leaders Want To Vote on the Iran War?
A war powers resolution has been stuck in Congress—and Democrats are reportedly happy to let Trump walk into a quagmire.
The Postal Service's Recent Supreme Court Win Is Bad News for Government Accountability
Federal officials enjoy too much immunity from being sued over their misconduct.
Can People in Frog Costumes Beat Fascism?
The "State of the Swamp" event highlights the power and limits of absurdity and whimsy in political protest.
Will the Trump Administration Pay the Tariff Refunds It Promised?
It said that if it lost in court, it would refund companies that paid unlawful tariffs. Now it says the process could take years.
Thoughts on the Potential Broader Significance of the Supreme Court's Tariff Decision
Only time will tell how great the impact of the ruling will really be. But, at this point, it seems like a very significant decision.
Trump's SOTU Lies
Plus: Entitlement reform, gas prices, the Reason SOTU drinking game, robo-vac spies, and more...
Politicians Consider Soviet-Style Controls on 3D Printers
Panic over guns drives government officials to propose restricting popular technology.
The Supreme Court's Tariff Decision Vindicates the Rule of Law and the Separation of Powers
Although Trump has other options for taxing imports, the justices reminded him that he needs clear congressional authorization.
5 Reasons To Doubt Trump's Boast About Bringing Down Fentanyl Smuggling
A drop in seizures doesn't necessarily mean a decline in the supply.
Trump's Tariffs Are Not Going To Eliminate the Income Tax
And that's especially true if the tariffs are illegal.
Trump Says Tech Companies Should Build Their Own Power Plants for AI Data Centers
The plan recognizes that public opinion is what's holding data centers back the most.
