Whether or Not Trump Invokes It, the Insurrection Act Is Antiquated and Dangerously Broad
On its face, the law gives the president sweeping authority to deploy the military in response to domestic disorder.
Donald Trump
ICE on Ice
Plus: Suspect in Minnesota shootings arrested, Iran and Israel still fighting, Ross Ulbricht speaks, and more...
Trump's Immigrant Removals Aren't Technically Deportations. So What Are They?
Deportation means expelling an alien back to their home country for violating immigration law. Many of the Trump administration's actions don't meet that definition.
How Trump's Imposition of Massive Tariffs is Repeating the "Ship Money" Abuses of King Charles I
Like King Charles, he is abusing emergency powers to impose taxes without legislative authorization.
More Than 1,800 'No Kings' Protests Aim for Nonviolent Pushback Against Trump Policies
The coalition’s national press coordinator says, “We’re all dedicated to championing the cause of nonviolence—not just because it’s moral, but because it’s more effective.”
Have Presidents Grown Too Powerful To Be Removed From Office?
Joe Biden showed that the 25th Amendment doesn't work. Donald Trump showed that impeachment is broken too.
The Trump Administration Just Created Hundreds of Thousands of Illegal Immigrants
A blow to recent arrivals from Cuba, Haiti, Nicaragua, and Venezuela
Trump's 'Big, Beautiful' Military Parade Is a Big, Ugly Waste of Millions of Dollars
Most Americans, it turns out, do not think it is a good use of taxpayer money, according to a recent poll.
A Judge Said the Excuse for Arresting Mahmoud Khalil Was Unconstitutionally Vague. Why Isn't Khalil Free?
U.S. District Judge Michael Farbiarz highlights the chilling impact of Marco Rubio's dubious rationale for deporting students whose views offend him.
The Restraining Order Against Federalizing the California National Guard Highlights Trump's Lawlessness
U.S. District Judge Charles Breyer concluded that the president failed to comply with the statute he cited—and violated the 10th Amendment too.
Israel Attacks Iran—and Burns Down the Off-Ramp With America
The Trump administration, which was ready to negotiate on Sunday, is now gambling on an all-out war.
My New Verfassungsblog Article On "The Nondelegation Case Against Trump's New Travel Ban"
It explains why a nondelegation challenge could work and deserves to win, despite Trump v. Hawaii.
Donald Trump Sounds Like a Democrat From the 1980s
It's a return to the Reagan era, but not in the way that should make conservatives happy.
The Trump Administration Needs Better Opposition
And Americans deserve dissenting voices that aren’t inept and crazy.
Federal Court Rightly Invalidates Trump's Illegal Federalization of California National Guard Troops
Trump's policy here is yet another example of abusive invocation of emergency powers.
Rand Paul Blasts 'Knucklehead' Stephen Miller
The Kentucky senator is also not a big fan of military parades, populist economics, or shredding due process.
Los Angeles Is Not Burning: Dispatch from L.A.
The truth is less dramatic—and more important.
Are We Going to War With Iran or Not?
Americans shouldn’t have to read the tea leaves to know about life-and-death decisions made by their government.
Not That Kind of Introspection!
Plus: Tensions in the Middle East, another terrible Boeing crash, intimacy coordinators, and more...
Trump's L.A. National Guard Deployment Stands on Shaky Legal Ground
Plus: When Stalin Meets Star Wars.
What Happens if the Department of Education Goes Away?
Most of what the department does would likely stick around, for better or for worse.
Extending the Trump Tax Cuts Is a Good Idea. But It Won't Deliver 'Big, Beautiful' Economic Growth.
The budget legislation is full of other expensive provisions that will add trillions to our sky-high national debt.
Why Donald Trump and Josh Hawley Are Wrong To Call for Jailing People Who Burn the American Flag
The Supreme Court ruled decades ago that burning the flag is protected by the First Amendment, no matter how offensive that act may be.
Stephen Miller's Dream
Plus: Trump's big parade, Elon Musk makes amends, Zohran Mamdani gains, and more...
Trump's Threats Against Musk and Newsom Reflect an Authoritarian Intolerance of Dissent
Even if the president was joking in both cases, he already has used his powers to punish people whose views offend him.
Federal Circuit Grants Government's Motion for Stay Pending Appeal in Our Tariff Case
It's disappointing. But the court will hear the case on the merits on an expedited basis, and we have a strong case.
Laura Powell: Who's Most To Blame for the Latest L.A. Riots?
Attorney Laura Powell of Californians for Good Governance joins the show to discuss the civil unrest in Los Angeles following federal immigration raids.
Gavin Newsom Defends Federalism Against Trump's Unilateral National Guard Deployment
In a federal lawsuit, California's governor argues that the president's assertion of control over "the State's militia" is illegal and unconstitutional.
The Tom Cotton Do-Over
Trump and the right are living out their fantasies of rewriting the awful summer of 2020.
3 Supreme Court Cases To Watch in June 2025
Plus: The glorious return of drive-in movie season.
My New UnPopulist Article on Synergies Between Litigation and Political Action in Resisting Trump
The article describes how the two can be mutually reinforcing, building on lessons from previous episodes in constitutional history.
Fake Immigration Crisis Triggers Actual Violence
Are outdated laws ripe for abuse? A listener asks whether it's time to sunset certain old laws.
DOJ Brings Kilmar Abrego Garcia Back to the U.S. After Insisting It Couldn't
The Department of Justice brought the deported Salvadoran back to U.S. soil for trial, reversing its long-held contention that he would "never" return.
Defending the Court of International Trade Ruling Against Trump's Tariffs - A Reply to John Yoo
Yoo's criticisms are off the mark, for a variety of reasons. But, tellingly, he actually agrees Trump's IEEPA tariffs are illegal, merely disagreeing with the court's reasons for reaching that conclusion.
Terry Moran Insulted Stephen Miller? That's None of the Government's Business.
Karoline Leavitt's threat against ABC News is an attack on free speech.
Defending the Court of International Trade Ruling Against Trump's Tariffs - A Reply to Jack Goldsmith
The CIT ruling is much stronger than Prof. Goldsmith contends. The same is true of a related ruling by federal District Court Judge Rudolph Contreras.
ICE, the LA Protests, and Trump's Domestic Use of the Military
Trump's domestic use of the military to counter anti-deportation protests in LA is so far very limited. But that could change. A big part of the root of the problem is the lawless behavior of federal immigation-enforcement agencies.
As American as Due Process
Those accused of wrongdoing have the right to challenge the evidence against them before the government takes away their liberty.
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.
How Tariffs Are Breaking the Manufacturing Industries Trump Says He Wants To Protect
Most imports to the U.S. are raw materials, intermediate parts, or equipment—the stuff that manufacturing firms need to make things.
Kilmar Abrego Garcia Back in the United States
The Trump Administration returned the illegally deported migrant from imprisonment in El Salvador after repeatedly claiming they could not do so.
The Latest Escalation Between Russia and Ukraine Isn't Changing the Course of the War
Neither Russia nor Ukraine has a clear path to victory. The Ukrainian drone attack last week and the Russian air raids on Friday don't change that.
This Small Business Is in Limbo As Owner Sues To Stop Trump's Tariffs
Next week could be a pivotal one, as a federal appeals court could decide whether to restore an injunction against Trump's tariffs.
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.
The Legal Battle Over the Motion to Stay the Decision Against Trump's Tariffs
This crucial procedural issue is now before the US Court of Appeals for the Federal Circuit. Its resolution will determine whether the tariffs are immediately suspended, or get to continue so long as the case is stil being litigated.
Why Can't Elon Musk and Donald Trump Both Win?
In a petty, public war of words, Trump threatens to cut off federal support to Musk's companies after the billionaire attacked his deficit-busting budget bill.
Another Divorce for Trump
Plus: A cynical take on Zohran Mamdani, Florida's drinking water threatened, and more...
