'Emergency' Has Become Washington's Favorite Loophole. It's Cost Taxpayers $15 Trillion.
Over the last decade, roughly one in every 10 dollars of budget authority has worn an emergency tag.
emergency declaration
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.
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.
Compendium of Writings About the Trump Tariff Case [Updated]
Links to my writings about our case against Trump's "Liberation Day" Tariffs and related issues.
My New Atlantic Article on the Tariff Case and its Significance
It explains how the ruling is a win for separation of powers and the rule of law.
Some Interviews About Our Tariff Case
Some of the more informative interviews I have done about our win in the case against Trump's tariffs, in lawsuit filed by the Liberty Justice Center and myself.
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.
A Federal Court Just Blocked Trump's Tariffs
The Court of International Trade ruled that Trump's emergency economic powers do not include the authority to impose tariffs on nearly all imports.
Video of Cato Institute Virtual Event on "Tariffs, Emergencies, and Presidential Power"
I spoke along with my Cato colleague Walter Olson.
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.
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.
New Republic Podcast Interview on Our Case Against Trump's "Liberation Day" Tariffs [Updated With Embedded Audio]
Greg Sargent of the New Republic interviewed me.
Trump's 'Deal' With China Leaves American Consumers and Exporters Facing Higher Tariffs Than Before
The White House calls it "the art of the deal," but a 30 percent tariff on imports from China is economically damaging and constitutionally dubious.
Thoughts on Today's Oral Argument in Our Case Against Trump's IEEPA Tariffs
Outcomes are hard to predict. But the judges seemed skeptical of the government's claim that Trump has virtually unlimited authority to impose tariffs.
Do Face Masks Work?
Five years after Donald Trump declared a national COVID emergency, here's what the research says.
The Cultural Consequences of Trump's Victory
Plus: A listener asks the editors to name their least favorite national emergency from the list of those currently in effect.
How Trump Could Unilaterally Place Tariffs on Mexico and Canada
They are allied countries with which the U.S. has a trade deal (a deal negotiated by Trump, no less), but presidential emergency powers are nearly limitless.
Arizona Rejects Restrictions on Governor's Emergency Powers
The ballot initiative would have put guardrails on the abuse of power from governors who declared states of emergency.
West Virginia Declares State of Emergency Over FAFSA Chaos
Due to persistent glitches in the financial aid form, Gov. Jim Justice issued an executive order lifting the FAFSA requirement for several state grants.
Congress Yet Again Abuses 'Emergency Spending' for Non-Emergency Purposes
Let's just call this what it is: another gimmick for Congress to escape its own budget limits and avoid having a conversation about tradeoffs.
Say No to This: America's Fiscal Norms Are in Decline
Despite their informal nature, those norms have historically constrained U.S. fiscal policy. But they're eroding.
Congress Wastes Billions With Bogus Emergency Declaration
And it isn't the first time.
All I Want for Christmas Is for Congress To Exercise Fiscal Restraint
Lawmakers can take small steps that are uncontroversial and bipartisan to jumpstart the fiscal stability process.
Spending Recklessly in Good Times Is a Recipe for Disaster in Bad Times
Years ago, when interest rates were low, calls for the federal government to exercise fiscal restraint were dismissed. That was unwise.
New Mexico Gov. Michelle Lujan Grisham's Unconstitutional Gun Edict Was a Huge, Bipartisan Flop
The governor's attempt to rule by decree provoked widespread condemnation instead of the applause she was expecting.
New Mexico Anti-Gun Decree Follows a Dangerous Path of 'Emergency' Rule
No response to authoritarian government actions is quicker or more reliable than non-compliance.
A Blatantly Unconstitutional Gun Edict Highlights the Hazards of Emergency Powers
New Mexico Gov. Michelle Lujan Grisham thinks violent crime gives her a license to rule by decree.
Biden Escalates Trade War With China
A new national emergency declaration will allow for the creation of an outbound investment screening system targeting Americans' investments in China.
Supreme Court Rules Against Biden's Student Loan Forgiveness Plan
The Court ruled the plan is illegal, and that at least one plaintiff (the state of Missouri) has standing.
Congress Warned About Abuses of Presidential Emergency Powers
Legislators from both parties worry about unilateral power, but they use it when it’s convenient.
North Carolina Governor Declares 'State of Emergency' Over Education Debate
The stunt comes days after Justice Gorsuch warned of officials addicted to emergency decrees.
The Perils of 'Rule by Indefinite Emergency Edict'
Supreme Court Justice Neil Gorsuch highlights a vital lesson from the COVID-19 pandemic.
Gorsuch Condemns 'Breathtaking' COVID Emergency Powers That Crushed Civil Liberties
"Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country," Gorsuch wrote. That might be an exaggeration, but it isn't far off.
There Is No Party of Immigration in American Politics
Plus: A listener question concerning the key to a libertarian future—should we reshape current systems or rely upon technological exits like bitcoin and encryption?
Is Biden Replacing Bad Border Policy With Worse Border Policy?
Plus: Schools suing social media companies, a bitcoin mining tax is a bad idea, and more...
The End of Title 42 Expulsions of Migrants - and What Comes Next
Title 42 expulsions caused great harm for very little benefit. Biden plans to replace them with a combination of policies, some good and some very bad.
Fauci and Biden Are Rewriting the History of COVID-19 Restrictions
Here are three people whose record on COVID-19 shouldn't be forgotten.
WHO Declares Global COVID-19 Public Health Emergency Over
It's been over for most Americans for a long time already.
Biden Catches Up to Rest of Country, Ends COVID-19 National Emergency
The president signed a Republican-sponsored resolution ending the national emergency declared by President Donald Trump.
The COVID-19 Pandemic Permanently Damaged Property Rights
Officials used the crisis to impose policies they already supported but couldn't get through the normal legislative process, like bans on evictions.
The Politics of "The Last of Us"
The message of the hit new series cuts across conventional ideological lines - and features a highly skeptical view of government.
Thoughts on Today's Supreme Court Student Loan Forgiveness Oral Arguments
The justices seem to be clearly leaning against the Biden Administration on the merits. The procedural issue of standing is a closer call, though ultimately more likely than not to come out the same way.
Biden's New Trump-Lite Asylum Policy Proposal
It's less bad than Trump-era efforts along the same lines. But saying that is damning with faint praise.
My New SCOTUSblog Article on the Loan Forgiveness Cases Currently Before the Supreme Court
The article explains the broader issues at stake in these cases, and why the Court would do well to rule against the administration.
Will Litigation Over Title 42 "Public Health" Migrant Expulsions Soon Become Moot When Biden Ends the Covid Emergency?
If so, Title 42 expulsions might finally end. But it's not a done deal yet.
Is Arizona v. Mayorkas Moot?
The Biden Administration suggests that the Title 42 case before the Supreme Court will be moot before it is decided.
Video of Federalist Society Panel on "What are the Limits of Executive Emergency Powers"
The panelists included Elizabeth Goitein (Brennan Center, NYU), Daniel Dew (Pacific Legal Foundation), and myself.
