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.
The panelists included Elizabeth Goitein (Brennan Center, NYU), Daniel Dew (Pacific Legal Foundation), and myself.
The anti-immigrant tenor of the state's GOP candidates is keeping reasonable conversations about border security out of reach.
The lawsuit has a more conventional - and stronger - basis for standing than that filed yesterday by the Pacific Legal Foundation.
It was filed by Pacific Legal Foundation public interest lawyer Frank Garrison, and includes a novel strategy for getting around the problem of standing.
Like Trump's policy, it's an illegal usurpation of Congress' power of the purse under a dubious emergency power pretext.
Implementing policy is supposed to be difficult given that it could affect millions of people’s lives.
Pointing to famous walls in history, the exhibit acknowledges that the idea of borders is ancient—and regrettably, so is fear of foreigners.
The bill is the most far-reaching recent proposal of its kind.
"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.
The Texas governor wants to keep incoming migrants out at all costs. But those costs are insurmountable.
The new administration has done much good. But it has also broken key promises.
"We are utterly devastated," said Baudilia Cavazos.
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.
The latest crisis at America's southern border isn't the result of short-term policy changes but of long-term bureaucratic failures.
The move likely signals the end of the border wall litigation.
This would prevent repetition of some of the shenanigans Trump has used to divert funds for his border wall project.
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.
Current law can allow the president to route around Congress indefinitely.
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.
The implications of this move are as yet unclear.
The North American Butterfly Association will get the chance to press its Fifth Amendment claims against the Department of Homeland Security.
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.
The opinion was written by prominent conservative Judge David Sentelle.
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.
At the same time, the court punts on whether the House has standing to challenge allegedly unlawful expenditure by Executive Branch.
Yet again, the Chief Justice shows his distaste for preliminary injunctions.
On crime, drugs, immigration, and foreign policy, his 44-year policy record is a cautionary tale of bipartisanship in response to perceived crises.
An under-the-radar environmental lawsuit could provide the Supreme Court another opportunity to revive the nondelegation doctrine.
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
Politicians of both major parties are using COVID-19 to advance their pre-existing policy agendas.
The administration also plans to move $2.2 billion originally earmarked for purchasing vehicles, ships, and aircraft to cover wall construction costs.
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.
Trump said mountain climbers couldn't scale his wall. All it takes is a ladder and some rope.
A happy occasion - but also one with lessons that remain urgent today.
An amicus filing in the case challenging the Emergency Declaration's diversion of funds towards building the 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.
Plus: Rudy Giuliani threatens to sue The Swamp, UPS gets approval for delivery drones, and more...
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.
It's a win for Trump; but only on procedural grounds. The broader legal battle over the wall is far from over.
The ruling upholds a trial court decision holding that the president cannot divert military funds to builds his proposed border wall.
The decisions expand on the same judge's earlier preliminary ruling holding that the president cannot reallocate military funds to build his border wall.
The decision does not reach the merits of President Trump's attempt to divert military funds to build his border wall.
The first court decision on Trump's plan to reallocate federal funds to "build the wall" goes against the administration.
Cosimo Cavallaro tackles a wedge issue.
Thank Donald Trump for the belated attempt to enforce the Constitution's separation of powers.
An interesting proposal for an energy-water corridor along the U.S.-Mexico border that might even pay for itself.