Separation of Powers
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."
Trump's Planned Farm Bailout Should Require Congressional Approval
The Trump administration has already claimed the power to raise taxes without congressional approval. Now it is going to spend money that way too.
Federal Court Rules Trump Can't Deny Federal Disaster Relief Funds to Sanctuary States
Another in a long line of court decisions striking down Trump efforts to attach conditions to federal grants that were not approved by Congress.
Trump Has a Habit of Asserting Broad, Unreviewable Authority
Whether he is waging the drug war, imposing tariffs, deporting alleged gang members, or fighting crime, the president thinks he can do "anything I want to do."
The Rationale for the Federal Circuit's 'Radical Left' Tariff Decision Is Fundamentally Conservative
Donald Trump's claim that the appeals court ruled against him for partisan or ideological reasons is hard to take seriously.
The Federal Circuit's Tariff Ruling Highlights the Audacity of Trump's Power Grab
Seven judges agreed that the president's assertion of unlimited authority to tax imports is illegal and unconstitutional.
Trump's $4.9 Billion 'Pocket Rescission' Violates Federal Law and Usurps Congressional Authority
Congress holds the power of the purse in our system of government, and further eroding congressional responsibility for spending decisions will not end well.
Who Is Lawfully Exercising the Powers of the U.S. Attorney for the District of New Jersey?
A district court ruling that Ms. Habba has been unlawfully exercising the powers of the New Jersey U.S. Attorney ducks the critical question of who can exercise those powers ... which is strong reason for doubting the ruling's reasoning.
Fifth Circuit Upholds Injunction Against NLRB Proceedings, Distinguishing Humphrey's Executor
The Court concludes that limitations on the removal of NLRB Board members and NLRB administrative law judges are both unconstitutional.
D.C. Sues Pam Bondi and the Trump Administration for Replacing Police Commissioner
The latest escalation in the showdown between the Trump administration and D.C. elected officials
My New Bulwark Article on Trump's Unconstitutional Export Tax
The article explains why the policy is unconstitutional, but also why it is unlikely to be challenged in court in the near future.
Federal Circuit Judges Question Trump's Discovery of Vast Tariff Powers
The president is claiming "unbounded authority" to impose import taxes based on a law that does not mention them.
The Defense Challenge to Alina Habba's Appointment is Weak
A defendant has challenged Acting New Jersey U.S. Attorney Alina Habba's appointment under the Federal Vacancies Reform Act, but he has no real case under the statute's plain language.
The Justice Department Powerfully Defends Alina Habba's Appointment as Acting U.S. Attorney for New Jersey
The Department's filing makes a strong case that Habba's appointment is proper. The courts should quickly reject defendants' challenge to the appointment.
The Attorney General Can Put Her Own Legal Team in Place—through U.S. Attorneys in New Jersey and Elsewhere
Acting through through Section 546, or temporarily through the Federal Vacancies Reform Act, the Attorney General is entitled to appoint U.S. Attorneys for the District of New Jersey and all other federal judicial districts. If done properly, such appointments preempt any need for judges to appoint U.S. Attorneys. But it is important that the President submit a nominee for the position for Senate confirmation.
The Statute Allowing Judges to Appoint Interim U.S. Attorneys is Constitutional
Steve Calabresi's argument that judges cannot make such interim appointments is ultimately unpersuasive, as the Appointments Clause specifically allows Congress to vest such power in the Judiciary.
Appointment of Interim U.S. Attorneys
The attorney general can appoint interim U.S. Attorneys to successive 120-day terms of office unless the nominee is someone to whom the Senate has refused to give advice and consent by a vote either in committee or on the floor.
Society for the Rule of Law Webinar on "Tariffs and the Rule of Law"
I participated along with Andrew Morris of the New Civil Liberties Alliance.
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.
Overview of the Amicus Briefs Filed in Our Tariff Case
The diversity and quality of the briefs opposing Trump's "Liberation Day" tariffs speaks for itself.
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's 'Giant Win' Does Not Validate His Unconstitutional Birthright Citizenship Order
Tellingly, the president avoided defending his dubious interpretation of the 14th Amendment at the Supreme Court.
My New Just Security Article on the Nondelegation and Major Questions Doctrines
It explains how these much-maligned doctrines can be valuable tools for constraining power grabs by presidents of both parties.
The Attack on Iran Is Unlawful
Trump's attack on Iran plainly violates the War Powers Act. Limits on executive power are most important when they are inconvenient.
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.
Federal Court Rules Against Trump Plan to Condition Federal Transportation Grants to States on Cooperation with Federal Deportation Efforts
The ruling is the latest in a long line of court decisions striking down executive efforts to attach conditions to federal grants that were not approved by Congress.
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.
Democratic FTC Commissioner Quits—But That Doesn't Mean He's Dropping His Lawsuit
Trump fired Federal Trade Commissioner Alvaro Bedoya in March. Yesterday he gave up his claim to the job, but he's still challenging the White House's right to dismiss him.
The Nondelegation Case Against Trump's Massive New Travel Ban
Trump v. Hawaii may block a challenge based on unconstitutional discrimination. But it does not preclude a nondelegation case. Other recent developments may actually bolster that approach.
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.
Michael McConnell on the Tariff Cases and their Significance
A leading conservative legal scholar explains why striking down Trump's IEEPA tariffs is vital to protecting the separation of powers.
Trump's Haste Begets Lawlessness
The president treats legal constraints as inconveniences that can be overridden by executive fiat.
Washington Post Article Stresses the Library of Congress's Name, but Largely Ignores Judicial Precedent …
that treats the Library of Congress as an Executive Branch department as to Presidential removal of the Librarian.
Hub and UnPopulist Podcasts About the Tariff Case
The podcasts cover the case and its relationship to the more general problem of abuse of emergency powers.
Two Courts Have Ruled Against Trump's Tariffs—but Not for the Same Reasons
Both are wins for free trade, but only one vindicates the separation of powers.
My New Atlantic Article on the Tariff Case and its Significance
It explains how the ruling is a win for separation of powers and the rule of law.
How Our Tariff Case Came About
The Wall Street Journal, CBC, and Time published good articles on the story behind the case filed by the Liberty Justice Center and myself.
Federal District Court Issues Another Ruling Against Trump's IEEPA Tariffs
The decision by Judge Rudolph Contreras of the US District Court for the District Columbia holds IEEPA doesn't authorize the president to impose tariffs at all.
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.
A Federal Judge Lists 8 Ways That Trump Violated the Constitution by Punishing a Disfavored Law Firm
The president's crusade against attorneys whose work offends him, which defies the First Amendment and undermines the right to counsel, has provoked several judicial rebukes.
Video of Cato Institute Virtual Event on "Tariffs, Emergencies, and Presidential Power"
I spoke along with my Cato colleague Walter Olson.
