Trump Rightly Pardons 2 Florida Divers Who Became Federal Felons Because of an Honest Mistake
John Moore and Tanner Mansell were convicted of theft after they freed sharks they erroneously thought had been caught illegally.
Donald Trump
Trump Deletes Database Containing Over 5,000 Police Misconduct Incidents
It's a reversal from his first term, when Trump himself ordered the creation of a database tracking excessive use of force.
Are We Headed for Another Disaster With Fannie and Freddie?
If the Trump administration fails to implement real reform, Main Street taxpayers could once again be conscripted into subsidizing lucrative Wall Street deals.
We Won Our Tariff Case!
The Court of International Trade just issued a decision striking down Trump's "Liberation Day" tariffs and other IEEPA tariffs.
Can Trump Yank Harvard's Remaining Federal Funding?
Trump is wielding the state against a school whose politics he doesn't like.
A Federal Judge Lists 8 Ways That Trump Violated the Constitution by Punishing a Disfavored Law Firm
The president's crusade against attorneys whose work offends him, which defies the First Amendment and undermines the right to counsel, has provoked several judicial rebukes.
Trump's Pardon for Former Virginia Sheriff Who Exchanged Badges for Cash Makes a Mockery of 'Law and Order'
Scott Jenkins was convicted of engaging in cartoonish levels of corruption. If the rule of law only applies to the little guy, then it isn't worth much.
Nippon Steel Will Finally Get To Buy U.S. Steel. The Deal Likely Ensures More Federal Meddling in the Future.
The federal government will reportedly get a "golden share" in U.S. Steel, potentially allowing it to overrule shareholders on some decisions.
Will Trump's Regulatory Reforms Do Enough To Unleash Nuclear Energy?
The good parts of his executive order could easily get mired in the swamp.
Trump Seeks to Deport Afghans Who Fled the Taliban
Lifting TPS status would make them eligible for deportation to Afghanistan, where the Taliban is likely to persecute and punish them.
Trump Promised To 'Save Vaping.' His FDA Head Does Not Seem Inclined To Do That.
Marty Makary grossly exaggerates the prevalence of adolescent nicotine addiction, the concern underlying his agency's restrictions on e-cigarette flavors.
The Trade War Is Eroding America's Soft Power
The debate over free trade should include more than the costs of Trump's tariffs versus the value of cheaper stuff.
The Case Against Judicial Deference to Executive Branch "Factual" Determinations in Alien Enemies Act Cases
Legal scholar Rebecca Ingber offers some strong arguments against deference in this context.
An "Ugly Tax" in Trump's "Big Beautiful Bill"
Boston Globe columnist Jeff Jacoby rightly decries the GOP's inclusion of a tax on remittances immigrant workers send to their families, in the "Big Beautiful Bill."
Mitchell Berman on Conditional Federal Grants and the Constitution
While there is no constitutional right to receive grants, the Constitution does bar grant conditions that undermine constitutional rights.
Thoughts on the Oral Argument in the Oregon Case Against Trump's IEEPA Tariffs
Like that in the similar case filed by Liberty Justice Center and myself, this one indicated judicial skepticism of Trump's claims to virtually unlimited power to impose tariffs.
Harvard's Best Protection Is To Get Off the Federal Teat
It's the best shield when the executive branch tries to strong-arm private universities.
Trump's Mass Cancellation of Student Visas Illustrates the Lawlessness of His Immigration Crackdown
A federal judge blocks the administration's "Student Criminal Alien Initiative," which targeted foreign students who had no criminal records.
The Executive Power Case That Unites Donald Trump and Franklin Roosevelt
Trump’s firing of a federal agency head may soon spell doom for a New Deal era precedent that limited presidential power.
C. Bradley Thompson and Jeremiah Johnson: Rise of the 'MAGA Manosphere'
Did mainstream conservatives and libertarians lose a generation of young men to the reactionary right?
Trump Declares That iPhones Should Be More Expensive
Whether due to tariffs or because they are made in America, the result would be much higher prices.
Is Donald Trump To Blame for a COVID Lab Leak?
Criticisms of the president's alleged flip-flopping on gain-of-function research funding miss some key context.
Congress Is Giving Energy Lobbyists a 3-Year Window to Keep Up to $2 Trillion in Subsidies
The "one big, beautiful bill" keeps the corporate welfare that Republicans claim to hate.
Academic Freedom Podcast on Rescinding Harvard's Tax Exempt Status
Can Trump do that, and what would it mean?
America's Credit Is Falling—and the Government Is Still Digging Deeper Into Debt
The lesson from the Moody's credit downgrade is that the U.S. cannot borrow its way to prosperity.
Forbes Interview on Developments in Our Case and Other Litigation Against Trump's "Liberation Day" Tariffs
I was interviewed by Brittany Lewis of Forbes.
Upcoming Cato Institute Virtual Event on "Tariffs, Emergencies, and Presidential Power"
I will be speaking, along with Cato Institute scholar Walter Olson.
An End to Tax on Tips
Plus: Lab-grown meat fears, DOJ inquiry into Cuomo, Kristi Noem's polygraphs, and more...
By Trump's Logic, Biden Deserves Credit for a Dramatic Drop in Overdose Deaths
That logic implausibly assumes presidents have the power to curtail substance abuse by attacking the drug supply.
Most Migrants Deported to Imprisonment in El Salvador Under the Alien Enemies Act Had no Criminal Record and Many had Entered the US Legally
A new Cato Institute study by David Bier presents the most extensive available evidence on these points.
Serious Immigration Law Enforcement Means Serious Destruction to American Liberty
Stephen Miller's trial balloon about abrogating habeas corpus in immigration cases shows how any libertarian with pragmatic intelligence should reject so-called "libertarian" arguments for strict immigration laws.
Trump Says Birthright Citizenship Is Only 'About the Babies of Slaves.' Historical Evidence Says Otherwise.
The 1866 debate over birthright citizenship included a debate over immigration.
Berating the Businesses
Plus: Tim Dillon takes on the establishment, Chicago's racist hiring strategies, train fetishes, and more...
Fourth Circuit Rules Against Trump Administration in Alien Enemies Act Case
In a 2-1 ruling, the Court ruled Trump's invocation of the Alien Enemies Act cannot supersede a settlement barring deportation of a group of migrants. One judge also held the AEA was invoked illegally.
The GOP Budget Is Big, Bloated, B.S.
Plus: A listener asks if the economic inequality data is bad.
Lee Kovarsky, D. Theodore Rave, and Steve Vladeck on Class Actions and the Alien Enemies Act Litigation
Kovarsky and Rave defend the use of class actions in AEA habeas cases. Vladeck highlights the significance of the Supreme Court's grant of an injunction to a "putative class" of AEA detainees.
Trump Threatens Walmart Not To React to His Tariffs
On the bright side, at least Trump finally admitted his tariffs are, indeed, paid by Americans.
Bigotry, Hypocrisy, and Trump's Admission of Afrikaners as Refugees
The Administration isn't wrong to admit white South African migrants. But it is wrong to exclude all other refugees, including many fleeing far worse discrimination and oppression.
Our Supreme Court Amicus Brief Opposing Termination of CHNV Immigration Parole, Which Would Subject Some 500,000 Legal Immigrants to the Risk of Deportation to Oppressive Regimes
The brief is on behalf of the Cato Institute and myself.
Supreme Court Issues Ruling Temporarily Blocking Alien Enemies Act Deportations
The ruling held that migrants detained under AEA had not been given adequate notice of their potential deportation. It also reflects the Court's growing distrust of the Trump Administration.
James Comey's Deleted '86 47' Instagram Post Is Obviously Protected by the First Amendment
A lot of conservatives are falling prey to the same snowflakery they criticize.
A Simple Defense of Nationwide Injunctions
Nationwide illegality by the federal government requires a nationwide remedy.
Trump and Congress Target 'Efficiency' Rules That Hobble Home Appliances
Make dishwashers great again.
The Supreme Court May Rule for Trump on Nationwide Injunctions but Probably Not on Birthright Citizenship
The president's executive order on birthright citizenship had its first test before the Supreme Court.
David Hogg, Victim of Wokeness
No wonder the Democrats are having a young male voter problem!
My New Lawfare Article "Trump's 'Emergencies' Are Pretexts for Undermining the Constitution"
The article explains why these claims to emergency powers are illegal and dangerous, and how to stop them.
Trump's Tax Plan Is a Leftist Economic Agenda Wrapped in Populist Talking Points
The administration shows no coherent commitment to free market principles and is in fact actively undermining them.
