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.
Rule of law
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 Understanding of Due Process Is Just As Farcical As His Definition of 'Alien Enemies'
A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.
As the Economy Tumbles, so Does Trump's Approval Rate
There isn't much public enthusiasm for the president's chaotic style.
By Openly Retaliating Against Disfavored Law Firms, Trump Attacks Free Speech and the Right to Counsel
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Alito and Thomas May Trust Trump To Follow a Court Order, but Gorsuch, Kavanaugh, and Barrett Seemingly Do Not
Understanding the Supreme Court's unusual late-night ruling against the Trump administration
Federal Judge in Deportation Case Finds Probable Cause To Hold the Trump Administration in Contempt
U.S. District Judge James Boasberg says the evidence indicates that the government "willfully disobeyed" his order blocking removal of alleged Venezuelan gang members.
Arizona Legislators Are Immune From Traffic Tickets During Session. A New Proposal Wants To Change That.
Legislators have used the state Constitution to avoid accountability for egregious traffic violations.
Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms
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.
Trump's Judge Bashing Provokes a Rebuke From Chief Justice John Roberts (Again)
"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.
Chief Justice Roberts' Remarks on Threats to Judges
In 2020, the Chief Justice condemned Senator Schumer's "dangerous" remarks.
Republicans May Regret Undermining Judicial Independence
Threats to impeach federal judges who rule against the government are a naked attack on their constitutionally crucial function.
Bagley and Bray on SCOTUS Denial of Stay in Department of State v. AIDS Vaccine Advocacy Coalition
An exploration of some of the thorny issues that divided the Court.
SCOTUS Denies Trump Administration Application to Stay District Court Order Blocking Pause of USAID Payments; Certiorari Sure to Follow
A pre-opinion release order divides the justices 5-4, but this may not preview the split on the merits.
Will FBI Director Kash Patel Be a Principled Reformer or a Trump Hatchet Man?
The newly confirmed head of the country's leading law enforcement agency has a history of advocating politically motivated investigations even while condemning them.
Presidents Should Not Ignore Court Rulings
Vice President J.D. Vance believes presidents can ignore the courts in some situations. Are we heading for a constitutional crisis?
Calls for Popular Constitutionalism in the Rear-View Mirror
Suggestions that the Executive Branch Ignore Federal Court Rulings May Look Different Today than When They Were Proposed.
FBI Nominee Kash Patel, Who Vowed To 'Come After' Trump's Enemies, Disclaims 'Retributive Actions'
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.
Trump's Citizenship Decree Signals His Willingness To Flout the Constitution
The executive order contradicts the 14th Amendment and 127 years of judicial precedent.
Trump's Orders Feature Nonexistent Emergencies, Illegal Power Grabs, and Blatant Inconsistencies
But at least he restored respect for a tariff-loving predecessor by renaming a mountain.
Biden and Trump Show Presidents How To Abuse Clemency
Biden’s preemptive pardons and Trump’s blanket relief for Capitol rioters both set dangerous precedents.
Biden's Preemptive Pardons Undermine Official Accountability and the Rule of Law
His last-minute acts of clemency invite Trump and future presidents to shield their underlings from the consequences of committing crimes in office.
Trump's Latest Defeat Is One of Many Decisions That Suggest SCOTUS Won't Rubber-Stamp His Agenda
Despite some notable wins, the president-elect's overall track record shows he cannot count on a conservative Supreme Court to side with him.
Alvin Bragg's Misbegotten 'Election Interference' Case Against Trump Ends With a Whimper
Aside from a felony record that may yet be erased on appeal, the president-elect will face no punishment for trying to conceal his hush payment to Stormy Daniels.
Kash Patel's QAnon Dalliances Reflect an Outlook That Pits Trump Against Evil Conspirators
The president-elect's pick for FBI director says he rejects some of the right-wing sect's bizarre beliefs but agrees with "a lot of what the movement says."
When Deciding Whether To Investigate His Opponents, Trump Says, He Will Defer to 'Very Fair' Kash Patel
Trump's pick to run the FBI has a long list of enemies he plans to "come after," with the legal details to be determined later.
Kash Patel's Threats Against Journalists Make Him an Alarming Choice To Run the FBI
"We're gonna come after the people in the media," the Trump stalwart warns. "Whether it's criminally or civilly, we'll figure that out."
Federal Courts Still Lack Authority to Issue Advisory Opinions
The U.S. Court of Appeals for the Sixth Circuit reminds us that there are limits to Article III.
The New FCC Chairman's Agenda Contradicts Conservative Principles
Brendan Carr’s plans for "reining in Big Tech" are a threat to limited government, free speech, free markets, and the rule of law.
Supreme Court Refuses to Resurrect the Kids Climate Case
Unsurprisingly, no justice showed any interest in reviving a lawsuit that should have died long ago.
During Trump's Second Term, the Supreme Court's Critics Will Be Grateful for Its Restraining Influence
The justices, including Trump's nominees, have shown they are willing to defy his will when they think the law requires it.
Trump Has Many Grudges. Now He Has a Chance To Act on Them.
In his second term, the former and future president will have more freedom to follow his worst instincts.
Trump Is Not Thoughtful Enough To Be a Fascist
The Republican presidential candidate’s views do not reflect any unifying principle other than self-interest.
"The Truth of Erasure" - A Defense of Universal Remedies
The Ohio Solicitor General's office defends universal vacatur under the Administrative Procedure Act
Supreme Court to Tackle Who Can Sue Agencies Where and for What
With today's cert grants, the Court now has four cases that address the issue of where suits can be filed against federal agencies and who can file them.
Justices Alito and Sotomayor on How Courts Read Dicta
An amusing and potentially revealing exchange in a recent oral argument.
Most Justices Seem Inclined To Uphold the ATF's New Restrictions on Homemade Firearms
The Supreme Court is considering whether a rule targeting "ghost guns" exceeds the agency's statutory authority.
Kannon Shanmugam on the Legitimacy of the Supreme Court
A prominent appellate practitioner responds to recent attacks on the justices and the Court.
A Last Ditch Attempt to Bring Kids Climate Case Back from the Dead
The plaintiffs in Juliana v. United States are seeking Supreme Court intervention to revive their case against the federal government.
Hair-Braiding Business Denied Permission To Operate Over Fears of Competition
Since when do government officials get to decide that a market is “oversaturated”?
'Too Much Law' Gives Prosecutors Enormous Power To Ruin People's Lives
In a new book, Supreme Court Justice Neil Gorsuch describes the "human toll" of proliferating criminal penalties.
Supreme Court Rejects Missouri's Attempt to Sue New York Over Trump Prosecution
Insofar as the justices split, it was due to long-standing disagreement over the nature of the Court's original jurisdiction.
The Behind the Scenes Wrangling in the Idaho Abortion Case
Joan Biskupic reports that the justices were initially inclined to back Idaho in the EMTALA case, until they realized the case was messier than they had thought.
Excessive Calls for Recusal Threaten Judicial Independence
Activists and politicians look for almost any excuse to claim that judges should withdraw from cases. Their calls for recusal may be frivolous, but it gives them an opportunity to criticize judges they don't like.
Determined To Avoid Presidential Paralysis, SCOTUS Endorses Presidential Impunity
We need not conjure "extreme hypotheticals" to understand the danger posed by an "energetic executive" who feels free to flout the law.
Why the Media Covered for Biden
Plus: A listener asks whether Bruce Springsteen's song Born in the U.S.A is actually patriotic.
Two SCOTUS Cases Show How an Unaccountable Administrative State Hurts 'Ordinary People'
Contrary to progressive criticism, curtailing bureaucratic power is not about protecting "the wealthy and powerful."
Supreme Court's Presidential Immunity Ruling Could Shield Outrageous Abuses of Power
By requiring "absolute" immunity for some "official acts" and "presumptive" immunity for others, the justices cast doubt on the viability of Donald Trump's election interference prosecution.
