Separation of Powers
Here Are Some Ways SCOTUS Can Constrain Federal Agencies That Are Now Subject to Trump's Untrammeled Control
The Supreme Court has "no shortage of tools" to enforce the separation of powers, Justice Neil Gorsuch notes. "The only real question is whether we will use them."
Gorsuch Warns About Executive Overreach While Expanding Trump's Power
The Supreme Court extended presidential control over federal agencies. What could go wrong?
Supreme Court Ends Agency "Independence," Save for the Federal Reserve
As expected, the Supreme Court overturns Humphrey's Executor, but reaffirms the independence of the Federal Reserve.
The Senate's Failure To Rein in Trump on Iran Is Part of a Long History of Congress Abdicating Its War Powers
War making in "the power of a single man" is not what the Founders intended.
The Trump Administration Seriously Considered Unilaterally Suspending the Writ of Habeas Corpus
The proposal was nixed only after White House Staff Secretary Will Scharf explained why it was legally dubious.
Trump, Scalia, and the Unitary Executive
How a four-decade-old dissent may now help the president fire independent federal agency heads at will
Upcoming National Constitution Center Annual Supreme Court Review
Three different VC bloggers are among the speakers: Jonathan Adler, Keith Whittington, and myself.
Trump's Position in the White House Ballroom Case Reflects His General Resistance to Judicial Review
The president has repeatedly argued that courts have no business deciding whether his actions are legal.
Trump's $100,000 H-1B Visa Fee Is an Unconstitutional Tax, a Federal Judge Rules
U.S. District Judge Leo Sorokin struck down the fee, saying it exceeds the president's statutory authority and violates the separation of powers.
DOJ Claim That Trump Could 'Bulldoze' Statue of Liberty Fits a Pattern
It's the latest example of Justice Department attorneys claiming broad and unreviewable powers for the president.
Even If Trump's Ballroom Project Is Illegal, a DOJ Lawyer Says, the Courts Cannot Stop It
The D.C. Circuit is reviewing an injunction issued by a judge who said "no statute comes close to giving the President the authority he claims to have."
Trump's Self-Promotion Is Always Shameless and Sometimes Illegal
The president tramples the rule of law in his rush to glorify himself.
Trump Broke the Law When He Slapped His Name on the Kennedy Center, a Federal Judge Says
The decision is a modest but welcome victory for the rule of law.
War Powers Vote Is the Latest Embarrassment for House Speaker Mike Johnson
Johnson is seemingly incapable of standing up to the Trump administration, even when one of Congress' core responsibilities is at stake.
The Major Questions Doctrine Constrains Presidential Power Over Elections
It limits executive power grabs in this field, as well as others.
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.
Federal Judge Delivers Due Process Win Against DOJ Registry Overreach
The Justice Department is permanently blocked from prosecuting Californians who fail to register when the state no longer requires it.
Rupe Debate: Judging the Supreme Court's Emergency Docket
Adler v. Shugerman on the Supreme Court's handling of separation of powers concerns on the "shadow docket."
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.
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.
A Year After 'Liberation Day,' Trump's Tariffs Will Never Be Legitimate Without a Vote in Congress
The Trump administration keeps trying to find legal loopholes, but the will of the people is the final judge of any major policy.
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 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.
Small Business Owners Celebrate Supreme Court Striking Down Trump's Tariffs
The battle against the president's so-called reciprocal tariffs is won, but the war for free trade and a stable business environment continues.
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 Federal Judge Explains Why Trump Can't Jail Legislators for Producing a Video That Offended Him
U.S. District Judge Richard Leon notes that Sen. Mark Kelly's comments about unlawful military orders were "unquestionably protected" by the First Amendment.
Trump Imposed 39 Percent 'Emergency' Tariffs When Switzerland Hurt His Feelings
The story is an exercise in pettiness but also a perfect reason why Congress and the Supreme Court should limit the president's power grab.
The House Just Reclaimed Its Tariff Power From Trump. Now Congress Can Try To Strike Down His Canada Tariffs.
Three Republicans defected to vote down an arcane procedural rule that would have made it impossible for the House to vote on Trump’s tariffs until August.
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.
Mike Johnson Says He Has 'No Intention' of Letting Congress Vote on Trump's Tariffs
A House rule prohibiting tariff resolutions from coming to the floor will expire at the end of the month and is unlikely to be renewed.
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.
Trump's Unconstitutional Plan to Withhold all Federal Funding From Sanctuary Cities and States
The plan violates multiple constituitonal provisions and goes against Supreme Court precedent. If somehow allowed to stand, it would gravely imperil federalism and the separation of powers.
The 'Law Enforcement' Rationale for Invading Venezuela Is an Open-Ended License for War
If an indictment is enough to justify military action, why bother seeking congressional approval?
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.
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.
A Judicial Solution for Presidential Overreach and Congressional Abdication
The Supreme Court should take a page from its own history.
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.
Mike Johnson Wanted Congress To Reclaim Power Over Tariffs—in 2019
Now, under Johnson's leadership, the House has changed its rules to make it even harder for lawmakers to signal their opposition to Trump's tariffs.
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.
