Can the President Refuse To Spend Money Authorized by Congress?
Impoundment, line-item vetoes, and the tricky problem of cutting spending through the executive branch
Donald Trump
Why the Major Questions Doctrine Applies to the President, Not Just Executive Agencies
This is a key issue in cases seeking to limit executive branch power grabs, including Trump's tariffs. Judge Ryan Nelson (a conservative Trump appointee) explains why the president is not exempt from the doctrine.
How Trump's Tariffs Threaten the Rule of Law
By giving one man the power to impose massive tariffs anytime he wants, Trump's policy undermines the predictability and impartiality that the rule of law requires.
Trump Says His Budget Proposal Will End the 'Green New Scam'
The budget proposal calls for gutting federal energy funding and environmental justice initiatives.
Trump's Budget Calls for $17 Billion Cut to NIH, Citing Lax Oversight of Gain-of-Function Research in Wuhan
The White House budget plan says the agency's failure to prove it was not complicit in a possible lab leak shows it's "too big and unfocused."
5 Times the Trump Team Told Americans To Accept Being Poorer
Trump's comment about how "dolls" will "cost a couple of bucks more" is the latest in a long trend of nationalist conservatives disparaging affordable stuff.
Trump Tries To Defund NPR and PBS by Executive Order
A new executive order would keep the Corporation for Public Broadcasting alive while telling it to cut off the two biggest public broadcasting networks. Get ready for a legal fight.
Alien Enemies No More
Plus: Depriving the children of toys, a curbside rat feast, China wants to talk, and more...
Immigrants and Radicals Have the Same Free Speech Rights as Everyone Else
Campus protests against Israel have revived debates over the limits of First Amendment protections.
Did Mike Waltz Just Go Down John Bolton's Path?
Trump has hired a notorious hawk as his national security adviser—and fired that adviser after getting in the way of delicate diplomatic talks—in each of his two terms.
Trump's 'America First Antitrust' Policy Will Put America Last
The Justice Department is pursuing an antitrust policy inspired by Oren Cass and members of the New Right.
Trump's Tattoo Fantasy Raises the Question: If He Were Senile, How Would We Know?
The president's bizarre insistence that Kilmar Abrego Garcia "had MS-13 tattooed" on "his knuckles" makes him seem like a confused old man.
Federal Court Issues Two Important Rulings Against Trump in Alien Enemies Act Case
Federal district court Judge Fernando Rodriguez ruled that Trump invoked the AEA illegally, and that migrants threatened with deportation under the Act can file class action habeas petitions.
Tariffs Won't Fix What's Ailing American Men in the Work Force
If anything, they sabotage the very forces—dynamism, adaptability, innovation—that create the economic opportunities struggling workers need.
White House Accuses Amazon of 'Hostile and Political Action' Over Rumored Tariff Disclaimer
There's nothing "hostile and political" about informing the public of the negative consequences of poor economic policy.
Washington Outsider Report Podcast Interview on the Trump Tariff Litigation
I was interviewed by attorney/podcaster Irina Tsukerman.
Cato/FIRE Amicus Brief Against Speech-Based Deportations of Foreign Students
The brief gives a good explanation of why such actions violate the First Amendment.
Trump Admits Tariffs Could Create Shortages, Hike Prices
"Maybe the children will have two dolls instead of 30 dolls," Trump said Wednesday. "And maybe the two dolls will cost a couple bucks more than they would normally.”
Court Frees Palestinian Student Arrested by ICE at His U.S. Citizenship Hearing
A U.S. district judge called Mohsen Mahdawi’s detention a “great harm to a person who has been charged with no crime.”
Trump Doesn't Need the Fed To Fix Housing
Former Rep. Ron Paul argues that slashing red tape will do more to bring down home prices than pressuring the central bank to cut interest rates.
Rumeysa Ozturk's Op-Ed Is Still the Only Public Justification for Her Arrest
"It is unthinkable that a person in a free society could be snatched from the street, imprisoned, and threatened with deportation for expressing an opinion the government dislikes," says FIRE.
Why the FBI Arrested Judge Hannah Dugan
The Wisconsin judge is charged with obstruction of justice and concealing an undocumented alien to prevent his arrest.
Americans Doubt Trump's Trade War Will Benefit Them
Consumers and businesses are already experiencing higher prices and economic pain.
Trump's Tariffs Usurp the Legislature's Tax Power
The president’s sweeping import levies have no basis in the statute he cites.
Trump Wants Lower Interest Rates. The Market Disagrees.
Even if the Fed tried to cut rates, inflation, investor reluctance, and a $25 trillion borrowing spree could keep them elevated for years.
Trump's 100-Day Energy Policy Scorecard: Disrupted Markets and Slowed Investment
So much for unleashing American energy.
The Worst Parts of Trump's First 100 Days Involved Ignoring Libertarian Principles
Trade and immigration are areas where Trump operates most like a criminal autocrat.
U.S. Navy Accidentally Throws $64 Million Jet Overboard Off the Coast of Yemen
Washington is dumping valuable resources—literally—into a Middle Eastern war of choice.
100 Days of Trump
Plus: "Calm corners" in the subway system, mysterious 18-hour power outage, and more...
New York Times Symposium on "A Road Map of Trump's Lawless Presidency"
I was one of 35 legal scholars who took part.
Can America Get Out of the Gerontocracy Trap?
If voters so overwhelmingly prefer younger candidates, why are they underrepresented in politics?
Trump Administration Restores Thousands of Terminated Foreign Student Visa Records
Earlier this month, 4,700 foreign students were at risk of detainment after ICE inexplicably terminated their visa records.
Trump's Understanding of Due Process Is Just As Farcical As His Definition of 'Alien Enemies'
A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.
DOGE Has Been a Smashing Success
When compared to the most likely alternatives, DOGE has cut as much government as one could hope for.
As the Economy Tumbles, so Does Trump's Approval Rate
There isn't much public enthusiasm for the president's chaotic style.
Trump 2028
Plus: AEA deportations, Glenn Greenwald on civil liberties under Trump, and more...
Glenn Greenwald: Americans' Liberties Are in Danger
The journalist joins the show to discuss due process, immigration enforcement, and the growing tensions between the courts and the executive branch.
Judge Says Trump Must Provide 'Notice of a Right To Seek Judicial Review' to Alien Enemies Act Deportees
A federal judge in Colorado rules against the Trump administration.
Federal Court Blocks Trump Executive Order Denying Federal Funds to Sanctuary Cities
The decision is based on precedents in similar cases during Trump's first term.
Washington's Broken Promises Leave Afghan Allies in Limbo
But volunteers are stepping up even as Congress fails to act.
Tariffs Helped Wreck the Economy in the 1930s. Why Is Trump Making the Same Mistake?
Far from delivering industrial renewal, Trump's tariffs have already led to layoffs at manufacturing plants.
Is This Constitutional? Here's How Due Process Works
It appears many people are now eager to dispense with due process.
Twelve States File Lawsuit Challenging Trump's IEEPA Tariffs
The suit resembles previous ones on the same subject filed by the state of California, and by the Liberty Justice Center and myself.
Federal District Court Rules Against Trump in Alien Enemies Act Case
The court ruled that Trump invoked the AEA illegally, blocks deportation of Venezuelan migrants who filed the case, and sets out standards for notifying them of their rights to challenge their deportation.
By Openly Retaliating Against Disfavored Law Firms, Trump Attacks Free Speech and the Right to Counsel
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Bipartisan Group of Prominent Legal Scholars and Former Government Officials Files Amicus Brief Supporting Our Case Challenging Trump's "Liberation Day" Tariffs
Signers include Steve Calabresi, Harold Koh, Richard Epstein, Michael McConnell, Alan Sykes, former Attorney General Michael Mukasey, and others.
The Trump Administration Continues To Attack Due Process
"We have thousands of people that are ready to go out, and you can't have a trial for all of these people," Trump said.
Trump's Tariffs Are Causing an Economic Boom for D.C. Lobbyists
More lobbyists are spending more money to influence trade policy. The swamp is having a great time during the trade war.
