Neither Trump Nor the Associated Press Controls Our Words
The Associated Press’s legal victory highlights the limited power presidents and the press have over the creative destruction and spontaneous order of our language.
Donald Trump
A Ruling Against Mahmoud Khalil Highlights Marco Rubio's Vast Power To Deport People for Their Opinions
An immigration judge's decision reinforces the constitutional argument against the law that the secretary of state is invoking.
Supreme Court Unanimously Orders Trump To 'Facilitate' the Return of Wrongly Deported Man
Trump lost on his most aggressive claims of executive power for the second time in a week.
Free Trade Expert Takes Down the Best Arguments for Tariffs
Daniel Hannan argues that protectionism never works, but that's a lesson that politicians and voters seemingly have to relearn repeatedly.
Supreme Court Rules Trump Administration Must "Facilitate" Return of Illegally Deported Salvadoran Migrant
Unanimous ruling is a big win for immigrant rights. But it does have unfortunate ambiguities.
The Tariff Madness Isn't Over
Even after Trump paused some of his new tariffs for 90 days, we still have the highest average tariffs in over a century and the biggest trade war since the Great Depression. Real relief will only come if Congress or the courts deny Trump the power to do this.
Tariffs Failed in the Middle East—America Shouldn't Make the Same Mistake
Protectionism in Egypt and Iraq fueled corruption, stagnation, and smuggling—not prosperity.
America Gained Nothing From Trump's Latest Tariff Stunt
There were no deals. There were no wins. There was no plan.
These Reforms Would Simplify Our Messy Tax Code—and Level the Playing Field
The government currently collects revenue in an arbitrary and distortionary manner, with loopholes that benefit special groups.
Trump Partially Pauses "Liberation Day" Tariffs
But 10% tariffs are still being imposed on nearly all countries, without any letup. And we are still moving ahead with our lawsuit challenging them.
Markets Rally as Trump Pauses Tariffs. Should Presidents Have This Much Power?
In the span of a week, Trump cratered the stock market and brought it much of the way back, with little more than public statements.
ACLU Files Habeas Class Action to Block Alien Enemies Act Deportations
This case has crucial implications for the ability of migrants to effectively challenge illegal AEA deportations.
John Roberts Only Postponed the Bigger Fight Over Trump's Deportations
The Supreme Court did not answer two of the biggest legal questions raised by Trump’s invocation of the Alien Enemies Act.
Trump Abuses Government Power To Punish Democrats' Law Firms
The president is politically targeting those he says politically targeted him.
Mel Gibson Got His Gun Rights Back, but Millions of Americans With No History of Violence Are Still Waiting
The movie star’s special treatment highlights the injustice of an illogical federal law.
Supreme Court Rejects Trump's Claim That He Can Summarily Deport Anyone He Describes As an 'Alien Enemy'
Although the Court lifted an order that temporarily blocked removal of suspected gang members, it unambiguously affirmed their right to judicial review.
Elon Musk Says Peter Navarro Is 'Dumber Than a Sack of Bricks'
Musk is right. Navarro is a socialist with foolish economic views who should never have been put in charge of anything.
Tariffs Come for Your Jerseys, Gym Clothes, and Sports Team
Plus: Formula 1, Backyard Baseball, and The Great 8 vs. The Great One.
Rights and Wrongs of the Supreme Court's Ruling in the Alien Enemies Act Case
The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.
District Court and Fourth Circuit Order Trump Administration to Return Wrongfully Deported Immigrant
Salvadoran immigrant Kilmar Abrego Garcia was illegally deported and incarcerated in a Salvadoran prison. The Trump administration admits the deportation was illegal, but claims they can't be required to return him.
Trump's Tariffs Violate the Constitutional Separation of Powers
The Supreme Court has ample precedent to rule against Trump’s trade war.
Can Anyone Stop Trump's Tariffs?
Plus: A listener asks if it's time for journalists to stop steel-manning Trump's policies.
Trump Advisors Struggle To Defend, or Even Explain, His Tariff Strategy
Members of the administration spent the weekend presenting contradictory defenses of Trump's economic policies.
Trump's Tariffs: It's Not Just the Stock Market That's In Trouble
The president is raising taxes, hiking prices, and creating supply chain chaos. Congress should act quickly to stop this.
Sellouts and Selloffs
Plus: A deportation fight, pussy hats in Maine, antagonizing Brown University, and more...
How Obama and Biden Paved the Way for Trump's Attacks on Universities
"Universities were bending over for federal funds long before Trump," writes Laura Kipnis.
Trump Is Wrong About McKinley's Tariff Legacy
Did the 25th president really make America "very rich through tariffs"? William McKinley might have told you otherwise.
Compendium of Evan Bernick Guest-blogging Posts on Birthright Citizenship
Links to all of his posts compiled.
Photo: Migrants Sent to Guantanamo
Donald Trump isn't the first president to send detained migrants to the U.S. detention center in Cuba.
Trump's Longtime Obsession With Trade Deficits Suggests His Tariffs Won't End Soon
Although the president's pride in his negotiation skills could save us, it is hard to see what sort of deal would address his grievance about the consequences of economic freedom.
NCLA Files Lawsuit Challenging Trump's IEEPA Tariffs Against China
The lawsuit raises nondelegation and major questions doctrine arguments.
My New Brennan Center Article on "Sanctuary Policies in a Federal System"
The article covers state sanctuary policies, their constitutional basis, how they can constrain Trump's mass deportation efforts, and how Trump can try to get around them.
Trump's Tariff Blueprint Called for 'Careful Planning' and 'Precise Execution'
With him in charge, it never stood a chance.
Nintendo Delays Switch 2 Preorders Over Trump Tariffs
The company previously dropped out of the Brazilian market for five years until the country relaxed its tariffs on video games.
Trump Is Giving Everyone What They Want In the Dumbest Way Possible
Dynamists, protectionists, hawks, and doves are seeing their policy goals realized in the most bungling and incompetent fashion imaginable.
An Executive Power Case That Trump May Win
The Supreme Court seems likely to agree that a member of the National Labor Relations Board may be fired by the president at will.
White House Cites Tariff Reports That Undermine Its Own Claims
Attempting to defend Trump's tariffs, the White House points to studies that show they raise prices, cut manufacturing output, and lead to costly retaliation.
The Dred Scott Challenge or: Why Constitutional Law is Not a Game
Evan Bernick's fourth in a series of guest-blogging posts on birthright citizenship.
Donald Trump's Energy Department Saved Your Appliances
Decades of efficiency mandates have made dishwashers weaker, A.C. units feebler, and appliances more expensive. A new rollback offers a rare win for function over dogma.
All Trade is Reciprocal. Trump's Tariffs Interfere With That Reciprocity.
Governments should just get out of the way of free trade among consumers and businesses.
Review: Is the New Captain America Movie an Allegory for Donald Trump?
Brave New World was shot long before the new Trump term, but the parallels are hard to overlook.
Why Trump's "Liberation Day" Tariffs are Illegal
They weren't authorized by Congress and go against the major questions and nondelegation doctrines.
Yes, Trump Really Put Higher Tariffs on Israel Than Iran
And he did it after Israel dropped all its tariffs on American goods.
Senators Make Modest Moves To Reclaim Tariff Powers From Trump
A small but growing bipartisan movement in the Senate is pushing back against the president's imposition of tariffs, but there's plenty of room to go further.
Trump's Tariffs Target Uninhabited Islands, Economic Dead Zones, and Individual Regions of France
The nonsensical list of territories subject to the White House's new "reciprocal" tariffs shows how amateurish the administration's new trade policy is.
Trump's New Tariffs on These 3 Countries Look Particularly Foolish
What tariffs on Singapore, Brazil, and Vietnam can tell us about how Trump misunderstands the value of trade.
'Liberation Day' Tariffs Will Liberate People—From Their Income
Lower-income families who spend the largest shares of their income on goods—and who have been badly hurt from the recent inflation—will likely suffer the most.
