Prospective Legal Challenges to Trump's Section 338 Tariffs Against Canada
A guest post by Georgetown legal scholars Peter E. Harrell and Jennifer Hillman.
A guest post by Georgetown legal scholars Peter E. Harrell and Jennifer Hillman.
Trump opposes foreign influence in American politics, but his State Department is offering millions of dollars to promote Western identity and opposition to “mass migration” abroad.
The acting attorney general confirms his dishonesty in presenting that jaw-dropping scam as the resolution of a bona fide legal dispute.
We’re locked in a cycle: The president threatens to resume the war, he claims Iran backed down, and then he gets frustrated with Iran again.
The study cited by Rep. Ro Khanna as the basis for that claim is statistical nonsense.
It's been more than eight years since Trump's first aluminum tariffs were imposed. How long do we have to wait before calling this a failure?
By lifting the hold on foreign physicians, the Trump administration tacitly admitted its broad immigration restrictions aren't working.
The prominent liberal legal scholar and former ACLU leader outlines how the Court has often checked Trump, but also critiques it for going against precedent.
The president is still pushing the idea of using taxpayer money to reward Capitol rioters, contradicting the attorney general nominee's assurance that it won't happen.
The president’s protectionism has constituted the largest tax increase since 1993.
By haggling over the details of Trump's flagrantly corrupt IRS "settlement," dissenting Republican senators give a pass to Blanche's unethical and illegal approval of it.
As U.S. attorney, Jay Clayton subpoenaed journalists for reporting embarrassing information about the president's new plane.
It is now available on SSRN. This revision adds additional points, and takes account of various recent events.
The Secret Service asserted a nonexistent "emergency" to track Comey's cellphone, and the FBI's evidence falls far short of proving his seashell picture was a crime.
The president's latest round of broad import taxes, like the previous two, treats his statutory authority as an afterthought.
Fourteen organizations otherwise supportive of the Trump FCC's agenda cautioned against abusing powers that could later be used against conservatives.
It responds to a creative court-packing proposal put forward by Andy Craig.
Plus: the DSA's policy agenda, Trump hits pause on Iran, and deregulating peptides
The Trump administration official contradicted himself as he tried to explain away bad news from the Iran war.
The episode illustrates the president's routine weaponization of government against his enemies.
Economist David Hebert highlights an underappreciated danger of Trump's tariff mania. It's a serious problem, but one that can at least be mitigated.
The administration this month denied thousands of clemency applications.
It was filed by several businesses, including Learning Resources, Inc., which was also involved in the IEEPA tariff litigation.
The complaint explains why the tariffs violate the requirements of Section 301, and also run afoul of the major questions and nondelegation doctrines.
However the government chooses to list war casualties, it doesn't change the fact that Americans are dead because of the administration's choices.
The Section 301 tariffs announced on Thursday overstep the powers granted by Congress and likely run afoul of the major questions doctrine.
Plus: House votes on war powers as Trump enters Iran war "revenge mode," Ted Cruz worries about AI, Marvel movies are planned through 2042, and more...
The new policy is based on sham investigations, and runs afoul of the major questions and nondelegation doctrine.
As the coin moves closer to production and distribution, it will be up to the American people to decide whether the controversial coin is deemed a success.
The FCC chairman thinks the "public interest" standard is a license to interfere with freedom of the press.
From rent control and Medicare for All to tariffs, politicians left and right are embracing policy ideas that have been repeatedly shown to not work.
The latest numbers from a sample of U.S. cities indicate continuing crime decreases that go beyond a reversion to pre-2020 norms.
Department of Homeland Security
Newly uncovered documents show that the government didn’t need extensive surveillance or expensive fortifications to protect the White House.
FCC Chairman Brendan Carr seems to think TV stations are legally obligated to please the president.
The trade war caused exports to Canada to fall. Now, Trump is pointing to that fact to justify more tariffs.
The 50% tariffs on many Canadian imports are based on the long-defunct Section 338 of the notorious Smoot-Hawley tariff act.
The weight of the evidence indicates that such laws do not reliably benefit Republicans or hurt Democrats.
The U.S.-Iranian peace memorandum has broken down, and violence is slowly ramping back up to a full-on war. Four Americans paid the price this weekend.
Yet another broken campaign promise.
Brazil’s gangs show why the “narcoterrorist” label is tempting, misleading, and unlikely to stop drugs.
They are likely to damage the US economy and deny many people valuable educational opportunities for no good reason.
The idea is simultaneously harmful and illegal.
It explains why Trump is wrong and how federalism can help counter his efforts to subvert the 2026 midterm elections.
As someone should have explained to him by now, that's not how it works.
During his confirmation hearing, the attorney general nominee repeatedly misrepresented the nature and scope of the sweeping immunity deal he approved.
It's almost like there is no real underlying principle guiding the Trump administration's tariff policies.
Celebrate your independence with a subscription to Reason magazine, your most trusted source of honest, insightful news and analysis.