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.
Rule of law
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.
A Runner Was Prosecuted for Unapproved Trail Use After the Referring Agency Called It 'Overcriminalization'
The case against Michelino Sunseri exemplifies the injustice caused by the proliferation of regulatory crimes—the target of a recent presidential order.
Trump's Haste Begets Lawlessness
The president treats legal constraints as inconveniences that can be overridden by executive fiat.
Is the American Bar Association's Accreditation Monopoly about to End?
My latest Civitas Outlook column looks at the growing pressure on the ABA's role in law school accreditation.
Did 'Activist Judges' Derail Trump's Tariffs?
No. One of the judges in Wednesday's unanimous ruling was a Trump appointee, and the ruling rested on important legal and constitutional principles.
Does the Big, Beautiful Bill Contain a Threat to Judicial Independence? (Updated)
Is it a problem if a provision requires judges to comply with the Federal Rules of Civil Procedure?
Supreme Court Allows DHS to Suspend Temporary Protected Status for Venezuelans
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.
Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act
A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.
Roberts' Rules for Defending Judicial Independence and the Rule of Law
The Chief Justice is more consistent than his critics, left and right.
The South Stole Your Job
Plus: Tulsi does Trump's bidding, a new front opens in New York's war on weed, and more...
The Federal Government's 175,000 Pages of Regulations Turn the Rule of Law Into a Cruel Joke
Trump rightly decries the "absurd and unjust" consequences of proliferating regulatory crimes.
Defenders of Trump's Birthright Citizenship Order Offer an Implausible Take on a 127-Year-Old Precedent
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.
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."
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.
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."
