Video of my Bruno Leoni Institute (Milan) Talk on the Supreme Court Tariff Decision and its Implications
I gave the talk earlier this week.
Rule of law
A State Assault Case Against an ICE Agent Could Illustrate the Limits of Supremacy Clause Immunity
That defense applies only when an officer "reasonably" believed he was acting within his federal authority.
Defending the White House Ballroom, the DOJ Files a Trump Tantrum Masquerading As a Motion
The brief, which asks a federal judge to reconsider an injunction blocking the project, reads like it was transcribed from the president's Truth Social account.
By Dropping Her Criminal Probe of Jerome Powell, Jeanine Pirro Confirms Its Political Motivation
Even Republican critics of the Federal Reserve chairman's performance rejected the notion that he had broken the law by lying about the renovation of the central bank's headquarters.
Justice Breyer Says Not to Worry about the Shadow Docket
A retired liberal justice does not credit the shadow docket hysteria, nor does former Judge Michael McConnell
The FBI's Alleged Probe of a Reporter for 'Stalking' Breaks New Ground in Criminalizing Journalism
The bureau reportedly investigated the author of a New York Times story that made FBI Director Kash Patel look bad.
Do the Supreme Court "Shadow Papers" Reveal Supreme Court Hypocrisy?
William Baude and Richard Re respond to a common narrative
What Would It Take to Tame the "Shadow Docket"?
Those who don't like how the Supreme Court handles requests for interim relief might like solutions to the problem even less.
In New Tariff Cases, Trump Asserts 'Unreviewable' Power To Invent a Balance-of-Payments Deficit
The Court of International Trade is weighing the legality of the import taxes that the president wants to impose under Section 122 of the Trade Act of 1974.
Active Military Spouse Faces Removal Proceedings
The newlywed couple thought they were doing “everything the right way” by reporting to the base to start their lives together.
With His Grandiose White House Ballroom Plan, Trump Again Asserts the Power To Do As He Pleases
"No statute comes close to giving the President the authority he claims to have," U.S. District Judge Richard Leon concluded when he enjoined the project.
Justice Department Drops 23,000 Cases To Make Room for Trump's Immigration Crackdown
The agency refused to prosecute alleged national security, labor, and white-collar crime while increasing immigration cases, a new report finds.
Trump's Mercurial, Constantly Changing Import Taxes Took American Businesses on a Wild Ride
There was little rhyme or reason to the president's "emergency" tariffs, which fluctuated wildly depending on his mood.
Unless People Support Me, Trump Habitually Warns, 'We Won't Have a Country Anymore'
The president's predictions of the nation's imminent demise reflect his narcissistic authoritarianism.
Donald Trump and Markwayne Mullin Insist That Politics Should Prevail Over Principle
The president and his new DHS secretary are enraged by jurists and legislators who refuse to toe the party line.
Judges and Justices Should Be Independent, Trump Says, As Long As They Side With Him
The president says federal courts should not make decisions based on partisan considerations unless it benefits him.
Trump's New Tariff Plan Still Asserts a Crisis That Does Not Exist
The president’s invocation of Section 122 conflates a trade deficit with a balance-of-payments deficit.
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.
"The Docket that Shall Not Be Named"
A discussion of the [shadow/interim/emergency/other] docket with Professor Kate Shaw.
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.
Trump's Rationale for His New Tariffs Contradicts the Position He Took Before His Supreme Court Defeat
The president is relying on a provision that the government's lawyers said had no "obvious application" to his goal of reducing the trade deficit.
Trump's Tantrum Over the Tariff Decision Highlights His Narcissistic Authoritarianism
The president neither understands nor appreciates the vital role of judicial independence in upholding the rule of law.
Even Without the 'Emergency' Powers SCOTUS Rejected, Trump Has a Bunch of Tariff Options
There are many laws that explicitly authorize the president to impose taxes on imports, but they include limits that Trump was keen to avoid.
Trump's Blatantly Unconstitutional Attempt To Punish His Congressional Critics Hits 2 Roadblocks
A grand jury and a federal judge rejected the president’s vendetta against legislators who produced a video about the duty to refuse unlawful military orders.
A Grand Jury Rejects Trump's Attempt To Prosecute 6 Legislators for Saying Something He Did Not Like
The president was offended by a video reminding military personnel of their duty to disobey unlawful orders.
Once Again, a Federal Judge Orders ICE To Stop Unlawful Warrantless Arrests
Another judge has ordered the Department of Homeland Security to follow federal law, even as the Trump administration argues it has broad authority to conduct warrantless immigration arrests.
How Thousands of Randos Like Me Landed in the Epstein Files
To make sense of the Justice Department’s latest documents, you have to understand what they actually are.
Judicial Retirements Are Not Always What They Seem
A judge blamed Trump for his decision to leave the bench, but it also terminated a misconduct inquiry.
Judicial Misconduct Complaint Against Judge Boasberg Dismissed
Judge Sutton concludes there was not much to the complaint submitted by the Department of Justice.
Is the Fourth the New Ninth? - 2026 Update
Another summary reversal of a Fourth Circuit AEDPA decision.
A Trump-Appointed Federal Judge Orders Lindsey Halligan To Stop 'Masquerading' As a U.S. Attorney
The lawyer, who delivered the grudge-driven indictments that the president demanded, refused to relinquish her job after another judge ruled that her appointment was illegal.
The Insurrection Act, Which Trump Keeps Threatening To Invoke, Is Alarmingly Vague and Broad
The antiquated statute arguably allows the president to deploy the military in response to nearly any form of domestic disorder.
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."
Does the Supreme Court Favor the Rich?
The NYT profiles a sloppy and highly problematic empirical study of the Supreme Court.
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.
How Politicians and Cops Tried To Dodge Responsibility in 2025
Presidents, legislators, and police officers were desperate to blame anyone but themselves.
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.
Hegseth Won't Let Us See a Video That Might Undermine Support for Trump's Bloodthirsty Anti-Drug Strategy
The defense secretary claims the video, which shows a second strike that killed two floundering survivors, would compromise "sources and methods."
Trump's Word Games Can't Conceal the Murderous Reality of His Anti-Drug Strategy
Calling suspected cocaine smugglers "combatants" does not justify summarily executing them.
Trump Is Still Claiming He Saves '25,000 American Lives' When He Blows Up a Suspected Drug Boat
So far, by the president's reckoning, he has prevented 650,000 U.S. drug deaths—eight times the number recorded last year.
Hegseth Mulls Releasing a Video That Illustrates the Brutality of Trump's Murderous Anti-Drug Strategy
The footage shows what happened to the survivors of the September 2 attack that inaugurated the president's deadly campaign against suspected drug boats.
The 'Threat' That Supposedly Justified Killing 2 Boat Attack Survivors Was Entirely Speculative
The commander who ordered a second missile strike worried that the helpless men he killed might be able to salvage cocaine from the smoldering wreck.
Boat Attack Commander Says He Had To Kill 2 Survivors Because They Were Still Trying To Smuggle Cocaine
Adm. Frank M. Murphy reportedly told lawmakers a controversial second strike was necessary because drugs on the burning vessel remained a threat.
Hegseth's 'Fog of War' Is No Excuse for Summarily Executing Suspected Drug Smugglers
Regardless of what the defense secretary knew or said about the September 2 boat attack, the forces he commands are routinely committing murder in the guise of self-defense.
Trump Tries To Cut Congress Out of U.S. Attorney Appointments
The 3rd Circuit’s ruling against Alina Habba highlights a disturbing pattern of legal evasion.
The Law of War Was Not Designed for Trump's Bogus 'Armed Conflict' With Drug Smugglers
Instead of asking whether a particular boat attack went too far, Congress should ask how the summary execution of criminal suspects became the new normal.
Federal Trade Commission Staff Endorses Proposal to End American Bar Association Monopoly on Law School Accreditation
FTC staff support the proposal by the Texas Supreme Court to allow for alternative means of accreditation.
Hegseth's Alleged Order To 'Kill Everybody' Complicates Trump's Defense of His Murderous Anti-Drug Campaign
Even if you accept the president's assertion of an "armed conflict" with drug smugglers, blowing apart survivors of a boat strike would be a war crime.
