Law & Government
President Biden's and the Democrats' Assault on the Supreme Court and the Rule of Law
Democrats tried to alter unconstitutionally the membership of the Supreme Court; they extorted Facebook into censoring free speech; they issued presidential executive orders unsupported by statute; and they pushed unprecedented prosecutions of Biden's predecessor in office, and his 2024 opponent, in the presidential race.
Should a Killer's Victim Be Able to "Speak" at a Sentencing Through AI?
An Arizona trial court judge allowed this innovative approach to presenting a victim impact statement, which seems like a useful step toward justice.
Trump's New Budget Is Another Blueprint for Big Spending
We don't need more of the same. We need evidence of a serious turnaround.
Colorado Federal District Court Issues Additional Alien Enemies Act Ruling Against Trump
The court instituted a preliminary injunction against the Administration's use of the Act to deport Venezuelans.
How Florida Law Makes Gator Encounters More Dangerous
Protections apply even when the animal is on your property and getting closer.
NPR Interview on Legal Challenges to Trump's IEEPA Tariffs
Steve Inskeep of NPR interviewed me about the case against Trump's "Liberation Day" tariffs.
Elon Musk Discovers That Serious Spending Cuts Are 'Really Difficult'
As he shifts his focus away from DOGE, he acknowledges the need for hard choices and congressional action.
Trump Administration Makes Damaging Admissions on Alien Enemies Act and Deportations
Trump admits he could return migrant illegally deported to El Salvador. And an intelligence community report concludes the Tren de Aragua drug gang isn't controlled by the Venezuelan government.
An Intelligence Memo Casts Further Doubt on Trump's Nonsensical Definition of 'Alien Enemies'
A declassified assessment contradicts the president's assertion that Tren de Aragua is "closely aligned with" the Venezuelan government and acts at its "direction."
Bernick v. Wurman on Birthright Citizenship and the 14th Amendment
An important (and importantly civil) debate on birthright citizenship.
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.
