Video of Federalist Society Panel on "What are the Limits of Executive Emergency Powers"
The panelists included Elizabeth Goitein (Brennan Center, NYU), Daniel Dew (Pacific Legal Foundation), and myself.
Border wall
In Arizona, Blake Masters and Kari Lake Embrace Bad Border Policies
The anti-immigrant tenor of the state's GOP candidates is keeping reasonable conversations about border security out of reach.
Six States File Lawsuit Challenging Biden Student Debt Cancellation Program
The lawsuit has a more conventional - and stronger - basis for standing than that filed yesterday by the Pacific Legal Foundation.
The First Significant Lawsuit Challenging Biden's Student Loan Forgiveness Plan [Updated]
It was filed by Pacific Legal Foundation public interest lawyer Frank Garrison, and includes a novel strategy for getting around the problem of standing.
Biden's Student Loan Debt Cancellation is a Trumpian Abuse of Emergency Powers
Like Trump's policy, it's an illegal usurpation of Congress' power of the purse under a dubious emergency power pretext.
If You Care About Democracy, Don't Ask Biden To Invoke Emergency Powers
Implementing policy is supposed to be difficult given that it could affect millions of people’s lives.
The Wall/El Muro
Pointing to famous walls in history, the exhibit acknowledges that the idea of borders is ancient—and regrettably, so is fear of foreigners.
Bipartisan Bill Would Limit Presidential War Powers and Emergency Declarations
The bill is the most far-reaching recent proposal of its kind.
Biden Continues Trump Seizures of Private Land for Border Wall
"We thought President Joe Biden would protect us. Now we've lost our land. We don't even know what comes next," says Baudilia Cavazos.
Greg Abbott's Border Wall Plan Is Doomed To Fail
The Texas governor wants to keep incoming migrants out at all costs. But those costs are insurmountable.
Where Biden Has Fallen Short on Immigration [Updated]
The new administration has done much good. But it has also broken key promises.
After Promising To Stop Land Seizures, the Biden Administration Just Stole This Family's Property for a Border Wall
"We are utterly devastated," said Baudilia Cavazos.
Arizona Attorney General Mark Brnovich Sues Biden Administration for Not Studying the Environmental Impact of More Migrants Coming Into the U.S.
A signature priority of President Donald Trump's administration was paring back federal environmental laws. Republicans are now stretching the definition of those same laws to save the former president's immigration policies.
Immigration Politics Are Killing the Debate Over Immigration Policy
The latest crisis at America's southern border isn't the result of short-term policy changes but of long-term bureaucratic failures.
Supreme Court Removes Border Wall Case From its Oral Argument Calendar
The move likely signals the end of the border wall litigation.
Congress Overrides Trump Veto of Defense Bill that Includes Tight Constraints on Use of "Emergency" Powers to Divert Military Construction Funds to the Border Wall and Other Projects
This would prevent repetition of some of the shenanigans Trump has used to divert funds for his border wall project.
How Biden Can Terminate Trump's Border Wall Project—And Save Money and Protect Property Rights in the Process
Joe Biden can easily stop further work on the wall, protect property owners against further takings of private property, and save money in the process. Additional steps may be tougher, but are still worth considering.
Justin Amash Introduces Bill To End Forever National Emergencies
Current law can allow the president to route around Congress indefinitely.
Joe Biden's Disastrous Record of Using 'Bold Federal Action' To Solve America's Problems
It's unclear what Biden will ultimately be able to accomplish as president, but he has been trying to bring transformative change since the 1970s.
Supreme Court Decides to Take a Border Wall Case
The implications of this move are as yet unclear.
Due Process for Butterflies in the D.C. Circuit
The North American Butterfly Association will get the chance to press its Fifth Amendment claims against the Department of Homeland Security.
Ninth Circuit Rules Against Trump's Diversion of Military Construction Funds to Build his Border Wall
The divided 2-1 decision is the first court of appeals ruling to rule on the legality of a key part of the funding diversion effort.
DC Circuit Rules House of Representatives has Standing to Challenge Trump's Diversion of Funds to Build his Border Wall
The opinion was written by prominent conservative Judge David Sentelle.
Wall Funding Scandal Exposes Steve Bannon's False Populism
Bannon, who says he stands for the little guy, was just charged with stealing over $1 million from donors who thought they were helping to build a border wall.
En Banc D.C. Circuit Concludes House Has Standing to Enforce Subpoena in Court (Updated)
At the same time, the court punts on whether the House has standing to challenge allegedly unlawful expenditure by Executive Branch.
Supreme Court Refuses to Allow District Court to Halt Border Wall Construction
Yet again, the Chief Justice shows his distaste for preliminary injunctions.
Joe Biden's 'Bold' Thinking Shredded Civil Liberties and Destroyed Lives
On crime, drugs, immigration, and foreign policy, his 44-year policy record is a cautionary tale of bipartisanship in response to perceived crises.
A Nondelegation Challenge to Trump's Border Wall
An under-the-radar environmental lawsuit could provide the Supreme Court another opportunity to revive the nondelegation doctrine.
The Immigration Law Nobody's Heard of That Changed America
Is COVID-19 bringing the mythology of America as a nation of immigrants to an end? Q&A with The New York Times' Jia Lynn Yang
An Epidemic Big Enough to Accommodate Everyone's Wish List
Politicians of both major parties are using COVID-19 to advance their pre-existing policy agendas.
Trump Will Raid Pentagon's War on Terror Slush Fund To Build His Border Wall
The administration also plans to move $2.2 billion originally earmarked for purchasing vehicles, ships, and aircraft to cover wall construction costs.
The Wall Isn't Working
Parts of Trump's expensive vanity project on the southern border have been blown over by stiff winds. Other sections will have massive holes in them, by design.
A Viral Video Shows Why Border Walls Are Ineffective
Trump said mountain climbers couldn't scale his wall. All it takes is a ladder and some rope.
Reflections on the 30th Anniversary of the Fall of the Berlin Wall
A happy occasion - but also one with lessons that remain urgent today.
Presidential Power and the Wall
An amicus filing in the case challenging the Emergency Declaration's diversion of funds towards building the Wall
Federal Court Rules Trump Cannot Use "Emergency" Declaration to Divert Funds to Build his Border Wall
The decision is the first to address the legality of using the emergency declaration for this purpose. Previous wall cases involved Trump's attempts to redirect other funds.
Trump Wanted Snipers and Electrified Spikes to Defend Border Moat Full of Alligators and Snakes, Says New Report
Plus: Rudy Giuliani threatens to sue The Swamp, UPS gets approval for delivery drones, and more...
Trump Reportedly Told Subordinates To Break Laws in Order To Build His Border Wall Before 2020
A disturbing picture of a president willfully condoning not only the use of eminent domain to seize private land from Americans for a pet project, but also suggesting—perhaps ordering—his underlings to violate laws in pursuit of that objective.
Supreme Court Stays Lower Court Ruling Against Trump's Border Wall Construction
It's a win for Trump; but only on procedural grounds. The broader legal battle over the wall is far from over.
Appeals Court Rules Against Trump in Border Wall Case
The ruling upholds a trial court decision holding that the president cannot divert military funds to builds his proposed border wall.
Federal Court Rules Against Trump in Border Wall Cases
The decisions expand on the same judge's earlier preliminary ruling holding that the president cannot reallocate military funds to build his border wall.
Federal Judge Dismisses House of Representatives Border Wall Lawsuit for Lack of Standing
The decision does not reach the merits of President Trump's attempt to divert military funds to build his border wall.
Federal Court Rules Trump Cannot Use Defense Funds to Build Border Wall
The first court decision on Trump's plan to reallocate federal funds to "build the wall" goes against the administration.
Artist's Cheesy Border Wall Troll Will 'Make America Grate Again'
Cosimo Cavallaro tackles a wedge issue.
Congress Grows a Spine
Thank Donald Trump for the belated attempt to enforce the Constitution's separation of powers.
What If a Border Wall Paid for Itself? (And Helped Address Environmental Problems Too)
An interesting proposal for an energy-water corridor along the U.S.-Mexico border that might even pay for itself.