My New Just Security Article on the Nondelegation and Major Questions Doctrines
It explains how these much-maligned doctrines can be valuable tools for constraining power grabs by presidents of both parties.
Donald Trump
Sotomayor Is Right. Trump's 'Third Country Removals' Raise Serious Due Process Worries.
The liberal justice faults the majority for leaving deportees to “suffer violence in far-flung locales.”
What More Do the Iran Hawks Want?
Those who pushed for Trump to attack Iran are now moving the goalposts for success.
Michael McConnell and Neal Katyal Join Our Tariff Litigation Team
They are prominent legal scholars and Supreme Court litigators from opposite sides of the political spectrum.
The Rationale for Deporting Mahmoud Khalil Is Alarmingly Vague and Broad
Marco Rubio’s nebulous invocation of foreign policy interests is bound to have a chilling impact on freedom of speech, which is the whole point.
Supreme Court Issues Terrible Shadow Docket Decision Lifting Injunction Against "Third Country" Deportations of Migrants Without Due Process
The ruling includes no analysis. Justice Sotomayor's dissent has a compelling explanation of why it is wrong.
Capping Student Loans Won't Destroy Medical Schools
Medical school is so expensive in the first place because of a policy that gives medical students unlimited access to loans.
Trump Takes the Off-Ramp From the Israeli-Iranian War
War with Iran was a risky, destructive gamble. But the worst outcome has been avoided, for now.
Get It All Out of the System
Plus: Strait of Hormuz possibly closing, NYC's socialist nonsense hopefully coming to a close, and more...
Trump's Unconstitutional Act of War
Plus: A criminal justice case that managed to unite Alito and Gorsuch.
A Brief, Bloody History of All the Times the U.S. Caused Chaos in the Middle East
The conflict with Iran is the latest in a decadeslong series of regime change operations, long-term entanglements, and all-out wars that always seem to invite more problems.
Just Don't Call It a War
Plus: The Trump administration toys with regime change in Iran, our own constitutional regime takes another hit, a mystery driver joyrides on the National Mall, and more...
Trump's Iran Air Strikes and the Constitution
The strikes violate both the Constitution and the 1973 War Powers Act. Whether they are good policy is a more difficult question. This could turn out to be a rare instance where one of Trump's illegal actions has beneficial results.
The Attack on Iran Is Unlawful
Trump's attack on Iran plainly violates the War Powers Act. Limits on executive power are most important when they are inconvenient.
Trump Shreds the Constitution by Bombing Iran
The attack on Iranian nuclear sites is a risky gamble. And it was completely by choice.
War With Iran Could Create Millions of Refugees
Iranians are already beginning to flee to neighboring countries.
The Ninth Circuit's Flawed Decision Upholding Trump's Federalization of the California National Guard
The ruling gets several important issues right - and one big one wrong.
The 9th Circuit Rejects Trump's Audacious Claim That He Can Use the National Guard However He Likes
Although the appeals court said the president probably complied with the law he invoked to justify his California deployment, it emphasized that such decisions are subject to judicial review.
Federal Court Rules Against Trump Plan to Condition Federal Transportation Grants to States on Cooperation with Federal Deportation Efforts
The ruling is the latest in long line of court decisions striking down executive efforts to attach conditions to federal grants that were not approved by Congress.
Los Angeles Is Beating Trump by Not Punching Back: Dispatch from L.A.
Trump intends to win in L.A., but to do so, he needs an adversary willing to step into the ring he has devised. Two weeks in, L.A. residents remain unwilling to do so.
MAGA Bros Against World War III
Independent media is where regime-change apologia goes to die.
Will He, Won't He
Plus: Iran strikes an Israeli hospital, Social Security and Medicare are still running out of money, Trump erects a giant flagpole, and more…
Why MAGA Turned on Amy Coney Barrett
Plus: The Supreme Court upholds a state ban on transgender care for minors.
Trump Argues That He Can Take Over a State's National Guard Whenever He Feels Like It
The government's lawyer told a 9th Circuit panel the president's deployments are "unreviewable," so he need not even pretend to comply with the statute on which he is relying.
Trump's Iran War Would Not Be a One-Off Deal
Neither American hawks nor Israeli planners intend on allowing for a simple, quick U.S. intervention in Iran.
'Unconditional Surrender'
Plus: How many Iranians are there anyway, polling shows minimal support for a war with Iran, and more...
Citizen Fundraisers Outpace E.U. in Arming Ukraine Against Russia
While the E.U. has fallen short on arms pledges, grassroots fundraisers and independent initiatives have delivered millions of dollars in munitions and supplies to Ukraine.
How Much of Trump's 'Built in America' Phone Is Actually Built in America?
The Trump Organization says the phone is domestically manufactured, but its hardware—and a statement from Eric Trump—suggest otherwise.
'Evacuate Tehran'
Plus: A bipartisan effort to prevent American involvement in the war, ICE workplace raids to begin again, and more...
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.
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.
