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.
Rule of law
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.
Eleventh Circuit Upholds Dismissal of Trump v. Clinton and Affirms Sanctions Against Trump (Updated)
A rare instance in which courts were willing to impose sanctions upon sanctionable conduct.
Trump's Habitual Charges of 'Treason' Reflect His Authoritarian Impulses
The president’s reaction to a supposedly "seditious" video illustrates his tendency to portray criticism of him as a crime.
Trump Says Legislators Committed Treason by Noting That Soldiers Are Not Obligated To Obey Unlawful Orders
The president's authoritarian response to a video posted by six members of Congress, who he says "should be arrested and put on trial," validates their concerns.
Trump Pardons Mountain Runner Michelino Sunseri, Who Was Prosecuted for Using an Unapproved Trail
The decision is consistent with the president's avowed concerns about "overcriminalization in federal regulations."
Trump's Economic Fallacies Are Legally Relevant in His Tariff Case
Trade deficits are not a "national emergency," and the president's import taxes won’t reduce them.
Trump Says His 'Armed Conflict' With Drug Traffickers Does Not Involve 'Hostilities'
The government is tying itself in knots to cast murder as self-defense and avoid legal limits on the president's use of the military.
According to Trump, He Has Already Saved 350,000 Lives by Murdering Suspected Drug Smugglers
There are several problems with the president's math, which suggests he has accomplished an impossible feat.
Trump's Appeal of His New York Convictions Highlights the Absurdity of Alvin Bragg's Convoluted Case
The Manhattan district attorney converted a hush payment into 34 felonies via a chain of legal reasoning with several conspicuously weak links.
Trump Allegedly Misidentified a Colombian Fisherman as a Venezuelan 'Narcoterrorist'
The potential for deadly error underlines the lawlessness of the president’s bloodthirsty anti-drug strategy.
Trump Erroneously Thinks Killing Suspected Smugglers Is the Key to Winning the Drug War
Until now, the president concedes, interdiction has been "totally ineffective." Blowing up drug boats won't change that reality.
Forum Shopping in the First Circuit
An interesting Reuters report on the new locus of lawsuits challenging the Trump Administration.
Do Federal Judges Believe We Are in the Midst of a "Judicial Crisis"?
Thoughts on the New York Times' Selective Survey of District Court Judges
Trump Won't Invoke the Insurrection Act—As Long As He Can Use the National Guard However He Wants
If the courts try to enforce legal limits on the president's military deployments, he can resort to an alarmingly broad statute that gives him more discretion.
Why a Trump Appointee Ruled That His National Guard Deployment in Portland Was Illegal
U.S. District Judge Karin Immergut concluded that the president's description of "War ravaged Portland" was "simply untethered to the facts."
Judge to Mangione Prosecutors: Not All Political Murder Is Legally 'Terrorism'
The latest ruling reminds us that terrorism statutes are mostly redundant.
The 5th Circuit Rejects Trump's Invocation of the Alien Enemies Act
The appeals court blocked the removal of alleged Venezuelan gang members under that law "because we find no invasion or predatory incursion."
Judge Orders Alligator Alcatraz To Wind Down Operations Within 60 Days
A federal district court judge granted environmentalist groups’ request for a preliminary injunction.
Goldsmith's Sense and Edsall's Nonsense about the Supreme Court (Updated)
A New York Times column on the Supreme Court offers a misleading picture and errant analysis.
Are Opinions Respecting En Banc Denials "Offensive to Our System of Panel Adjudication"?
The judges on the U.S. Court of Appeals for the Sixth Circuit split over whether they should write about the reasons for their splitting over en banc review.
A Terrible Environmental Law Finally Did Something Good: It Paused Construction of Alligator Alcatraz
A federal judge issued a temporary restraining order against any additional construction at the immigration detention center amid plans to increase the facility’s capacity to 4,000 detainees.
Divided D.C. Circuit Panel Nixes Judge Boasberg's Criminal Contempt Order Against Trump Administration
Judge Katsas and Judge Rao disagreed on the reasons, but both agreed that Judge Boasberg overstepped; Judge Pillard dissented.
Justice Kavanaugh on the Peril of Writing Shadow Docket Opinions
Rushing out opinions can lock in erroneous conclusions and create problematic precedent.
Mistaking Adherence to Formalist Principle for Appeasement
The Supreme Court's critics are too quick to assume the Court's orders are motivated by political considerations as opposed to principle.
Universal Injunctions Are Dead; Long Live Universal Remedies?
Trump v. CASA was important, but it is not clear district courts have gotten the message.
Lawmakers Wonder Why a Mountain Climber Was Prosecuted for Climbing a Mountain
Two members of the House Judiciary Committee say the case against Michelino Sunseri epitomizes the overcriminalization that the president decries.
Judicial Nominee Emil Bove Can't Recall Whether He Said the DOJ Might Say 'Fuck You' To Court Orders
The alleged incident goes to the heart of the objections raised by critics who worry about Bove's respect for the rule of law.
What Do Progressives Want for the Courts?
There's a tension between Progressives' efforts to delegitimize the courts and hopes the judiciary to constrain executive power.
Trump's Plan to Impose 50% Tariffs on Brazil Highlights Illegal and Harmful Nature of his Trade Policy
It's an obvious abuse of emergency powers, a claim to unconstitutional delegation of legislative power, and a threat to the economy and the rule of law.
Appeals Court Briefs Say Trump's Tariffs Are Based on a Statute That Does Not Authorize Tariffs at All
The Cato Institute and the New Civil Liberties Alliance urge the Federal Circuit to extend the logic of a decision against the president's far-reaching import taxes.
A Broad Ruling Against Trump's Immigration Policies Illustrates Alternatives to Universal Injunctions
Class actions and Administrative Procedure Act claims can achieve much the same result as the nationwide orders that the Supreme Court rejected.
Trump Says the Courts Have No Business Questioning His Dubious Definition of 'Alien Enemies'
The U.S. Court of Appeals for the 5th Circuit is considering whether the president properly invoked the Alien Enemies Act to deport alleged gang members.
Federal Courts May Not Be Denny's, But They Are Open 24/7/365
Justice Kavanaugh's Trump v. CASA concurrence appears to reply to Judge Ho.
Justice Kagan on Universal Injunctions in 2022
Justice Kagan said "it just can't be right" that a single court judge can stop a federal policy in its tracks nationwide.
Bray and Bagley on Trump v. CASA
Two worthwhile commentaries on the Supreme Court's decision to curtail universal injunctions.
Justice Barrett on Justice Jackson in Trump v. CASA
The two newest justices spar over universal injunctions.
Supreme Court Nukes Universal Injunctions (UPDATED)
Justice Barrett writes for the Court's majority that universal injunctions likely exceed the equitable power of federal courts.
The 9th Circuit Rejects Trump's Audacious Claim That He Can Use the National Guard However He Likes
Although the appeals court said the president probably complied with the law he invoked to justify his California deployment, it emphasized that such decisions are subject to judicial review.
Trump Argues That He Can Take Over a State's National Guard Whenever He Feels Like It
The government's lawyer told a 9th Circuit panel the president's deployments are "unreviewable," so he need not even pretend to comply with the statute on which he is relying.
Does the Senate Reconciliation Bill Contain a Threat to Judicial Independence? Or Is It a Welcome Limit on Universal Injunctions?
The Senate has adopted its own version of a provision designed to limit preliminary injunctions against the federal government when no bond is posted.
The Restraining Order Against Federalizing the California National Guard Highlights Trump's Lawlessness
U.S. District Judge Charles Breyer concluded that the president failed to comply with the statute he cited—and violated the 10th Amendment too.
Gavin Newsom Defends Federalism Against Trump's Unilateral National Guard Deployment
In a federal lawsuit, California's governor argues that the president's assertion of control over "the State's militia" is illegal and unconstitutional.
