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.
emergency declaration
Biden Mistakenly Imagines That Congress Approved His Student Debt Cancellation Scheme
The lack of statutory authority is the main issue raised by legal challenges to the plan.
Gavin Newsom Cites Dubious Evidence That His Lockdowns Saved California's Economy
The governor made these claims on Monday while also putting a February 2023 end date on the state's emergency public health order.
If the Pandemic Is Over—And It Is—Then Biden's Emergency Powers Should End Too
But Biden can't forgive billions of dollars in student loans if the COVID-19 national emergency is over.
After 975 Days, Washington's Governor Will Finally Relinquish His Emergency Pandemic Powers
Gov. Jay Inslee says Washington state's COVID-19 emergency will finally come to an end on October 31.
Biden's Student Loan Debt Cancellation is a Trumpian Abuse of Emergency Powers
Like Trump's policy, it's an illegal usurpation of Congress' power of the purse under a dubious emergency power pretext.
Lawsuit: Orlando Rent Control Proposal Is Illegal
Florida landlords and realtors argue that Orange County is abusing its emergency powers.
Another NIMBY Lawsuit Seeks To End New York City Outdoor Dining Program
Several dozen NYC residents want to repeal the regulations allowing outdoor dining in the city.
Monkeypox Cases Continue To Spread Across the U.S. as 3 States Declare Emergencies
They're trying to pressure the federal government into getting organized about vaccines.
President Biden Asserts 'Climate Change Is an Emergency'
But does not declare that it is a "national emergency."
Not Everything Is a National Emergency
If the National Emergencies Act goes without reform, presidents will continue to misuse emergency declarations as leverage to shift Congress.
California's Terrible Price-Gouging Law Puts Markets at Mercy of Ambitious Prosecutors
Higher egg prices are not a crisis in the middle of a pandemic full of supply problems.
Washington Legislature Won't Limit Gov. Jay Inslee's Indefinite, Dictatorial COVID Emergency Powers
Then why even have a legislature?
Florida Gov. Ron DeSantis Rules Out New Round of Lockdowns, Mask Mandates
The governor signed a bill in May limiting the power of state and local officials to impose emergency public health orders.
Bipartisan Bill Would Limit Presidential War Powers and Emergency Declarations
The bill is the most far-reaching recent proposal of its kind.
Andrew Cuomo Declares a Gun Violence 'Disaster Emergency' and Signs a Bill That Invites Lawsuits Against Firearm Suppliers
New York's new law seems to conflict with a federal statute that protects manufacturers and dealers from liability for gun crimes.
Legislators Demand a Voice in Public Health Restrictions
The COVID-19 pandemic showed the dangers of letting governors unilaterally, dramatically, and indefinitely magnify their own powers.
Gov. Gavin Newsom Clings to COVID-19 Emergency Powers
The state is scheduled to ease its lockdowns on June 15. But Newsom still wants the power to control the terms.
Pennsylvanians Voted To Limit Their Governor's Emergency Powers
Voters in Pittsburgh banned no-knock police raids and solitary confinement too.
COVID-19 Is Leading State Lawmakers To Finally Restrain Governors' Emergency Powers
Even during a pandemic, major changes to laws and policies should be funneled through state assemblies.
Justin Amash Introduces Bill To End Forever National Emergencies
Current law can allow the president to route around Congress indefinitely.
Amy Coney Barrett's "Suspension and Delegation"
As a professor, Judge Barrett expressed a skepticism of Executive Power that is uncommon among Republican nominees.
America Wasn't Ready for Coronavirus
Early takeaways from the country's response to a pandemic
U.K.'s Response to Coronavirus: Loosen Some Regulations While Demanding More Authority
If this is to respond to a temporary crisis, why do these powers last for two years?
Presidential Power and the Wall
An amicus filing in the case challenging the Emergency Declaration's diversion of funds towards building the Wall
Trump Changes His Mind About Turkey and Hopes Steel Tariffs Will Stop the Slaughter
Plus: Snowden warns about encryption threats, Libertarians fight for ballot access, and more...
Federal Court Rules Trump Cannot Use Defense Funds to Build Border Wall
The first court decision on Trump's plan to reallocate federal funds to "build the wall" goes against the administration.
What the Heck, Ben Sasse?
Sasse tarnished his reputation as a thoughtful, independent, constitutional conservative by supporting Trump's emergency declaration.
Sen. Mike Lee's Bill To Limit Trump's Emergency Powers Doesn't Actually Address the Immediate Problem
Lee's new bill would automatically terminate emergency declarations within 30 days, but leave Trump's current national emergency intact.
Rand Paul Will Vote to Block Trump's Emergency Declaration
The Kentucky senator's opposition appears to be the critical 51st vote in opposition to the president's executive power grab.
Trump's Emergency Declaration May Be Legal, but It's an Affront to the Constitution Anyway
It's an attempt to make an end-run around congressional spending authority.