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.
Class actions and Administrative Procedure Act claims can achieve much the same result as the nationwide orders that the Supreme Court rejected.
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.
Justice Kavanaugh's Trump v. CASA concurrence appears to reply to Judge Ho.
Justice Kagan said "it just can't be right" that a single court judge can stop a federal policy in its tracks nationwide.
Two worthwhile commentaries on the Supreme Court's decision to curtail universal injunctions.
The two newest justices spar over universal injunctions.
Justice Barrett writes for the Court's majority that universal injunctions likely exceed the equitable power of federal courts.
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.
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.
The Senate has adopted its own version of a provision designed to limit preliminary injunctions against the federal government when no bond is posted.
U.S. District Judge Charles Breyer concluded that the president failed to comply with the statute he cited—and violated the 10th Amendment too.
In a federal lawsuit, California's governor argues that the president's assertion of control over "the State's militia" is illegal and unconstitutional.
The case against Michelino Sunseri exemplifies the injustice caused by the proliferation of regulatory crimes—the target of a recent presidential order.
The president treats legal constraints as inconveniences that can be overridden by executive fiat.
My latest Civitas Outlook column looks at the growing pressure on the ABA's role in law school accreditation.
No. One of the judges in Wednesday's unanimous ruling was a Trump appointee, and the ruling rested on important legal and constitutional principles.
Is it a problem if a provision requires judges to comply with the Federal Rules of Civil Procedure?
The latest SCOTUS order shows the justices are taking a more nuanced approach to district court injunctions of Trump Administration policies than its critics, left or right.
A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.
The Chief Justice is more consistent than his critics, left and right.
Plus: Tulsi does Trump's bidding, a new front opens in New York's war on weed, and more...
Trump rightly decries the "absurd and unjust" consequences of proliferating regulatory crimes.
Briefs urging the Supreme Court to stay injunctions against the order challenge "the conventional wisdom" about the meaning of an 1898 decision interpreting the 14th Amendment.
A declassified assessment contradicts the president's assertion that Tren de Aragua is "closely aligned with" the Venezuelan government and acts at its "direction."
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 president’s sweeping import levies have no basis in the statute he cites.
A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.
There isn't much public enthusiasm for the president's chaotic style.
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Understanding the Supreme Court's unusual late-night ruling against the Trump administration
U.S. District Judge James Boasberg says the evidence indicates that the government "willfully disobeyed" his order blocking removal of alleged Venezuelan gang members.
Legislators have used the state Constitution to avoid accountability for egregious traffic violations.
To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.
"Impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts noted after Trump said federal judges who impede his agenda should be fired.
In 2020, the Chief Justice condemned Senator Schumer's "dangerous" remarks.
Threats to impeach federal judges who rule against the government are a naked attack on their constitutionally crucial function.
An exploration of some of the thorny issues that divided the Court.
A pre-opinion release order divides the justices 5-4, but this may not preview the split on the merits.
The newly confirmed head of the country's leading law enforcement agency has a history of advocating politically motivated investigations even while condemning them.
Vice President J.D. Vance believes presidents can ignore the courts in some situations. Are we heading for a constitutional crisis?
Suggestions that the Executive Branch Ignore Federal Court Rulings May Look Different Today than When They Were Proposed.
At his confirmation hearing, the president's pick to run the nation's leading law enforcement agency ran away from his record as a MAGA zealot.
The executive order contradicts the 14th Amendment and 127 years of judicial precedent.
But at least he restored respect for a tariff-loving predecessor by renaming a mountain.
Biden’s preemptive pardons and Trump’s blanket relief for Capitol rioters both set dangerous precedents.
His last-minute acts of clemency invite Trump and future presidents to shield their underlings from the consequences of committing crimes in office.
Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.
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