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emergency declaration

Emergency2

emergency declaration

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.

Ilya Somin |The Volokh Conspiracy | 11.6.2022 10:45 AM

President Joe Biden speaks to a crowd

Student Loans

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.

Jacob Sullum | 10.26.2022 12:01 AM

California Gov. Gavin Newsom

Lockdowns

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.

Christian Britschgi | 10.18.2022 1:35 PM

President Biden enters a room

Coronavirus

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.

Robby Soave | 9.20.2022 3:02 PM

Jay Inslee governor Washington State mask mandate vaccine mandate executive order executive powers emergency COVID-19 coronavirus

Coronavirus

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.

Eric Boehm | 9.9.2022 1:40 PM

President Joe Biden's attack on the "extreme ideology" of "MAGA Republicans" gives democracy and Donald Trump too much credit.

Joe Biden

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.

Ilya Somin |The Volokh Conspiracy | 9.3.2022 5:35 PM

close-up of Florida on map with a green pin stuck by Orlando

Rent control

Lawsuit: Orlando Rent Control Proposal Is Illegal

Florida landlords and realtors argue that Orange County is abusing its emergency powers.

Christian Britschgi | 8.23.2022 4:20 PM

Sidewalk dining in New York City

NIMBY

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.

Baylen Linnekin | 8.6.2022 7:20 AM

someone receiving a vaccine injection in their arm

Vaccines

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.

Scott Shackford | 8.2.2022 3:05 PM

President Joe Biden waves while walking

Climate Change

President Biden Asserts 'Climate Change Is an Emergency'

But does not declare that it is a "national emergency."

Ronald Bailey | 7.20.2022 5:30 PM

Joe Biden giving a speech while pointing his finger

Climate Change

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.

Bonnie Kristian | 7.19.2022 4:20 PM

eggs_1161x653

Price controls

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.

Scott Shackford | 4.6.2022 1:30 PM

2 (2)

Coronavirus

Washington Legislature Won't Limit Gov. Jay Inslee's Indefinite, Dictatorial COVID Emergency Powers

Then why even have a legislature?

Eric Boehm | 3.8.2022 11:35 AM

desantis_1161x653

Florida

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.

Christian Britschgi | 7.23.2021 2:35 PM

Emergency2

War Powers

Bipartisan Bill Would Limit Presidential War Powers and Emergency Declarations

The bill is the most far-reaching recent proposal of its kind.

Ilya Somin |The Volokh Conspiracy | 7.20.2021 6:04 PM

Andrew-Cuomo-7-6-21-Newscom

Gun Control

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.

Jacob Sullum | 7.7.2021 3:15 PM

Tom-Wolf-2-28-20-Newscom-cropped

Coronavirus

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.

Jacob Sullum | 6.16.2021 12:01 AM

GNewsom_1161x653

Coronavirus

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.

Scott Shackford | 6.7.2021 2:05 PM

krtphotoslive885942

Coronavirus

Pennsylvanians Voted To Limit Their Governor's Emergency Powers

Voters in Pittsburgh banned no-knock police raids and solitary confinement too.

Eric Boehm | 5.19.2021 1:35 PM

newsom

Executive overreach

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.

Scott Shackford | 4.14.2021 1:25 PM

rollcallpix132610

Justin Amash

Justin Amash Introduces Bill To End Forever National Emergencies

Current law can allow the president to route around Congress indefinitely.

Billy Binion | 12.21.2020 1:59 PM

Volokh Conspiracy

Amy Coney Barrett's "Suspension and Delegation"

As a professor, Judge Barrett expressed a skepticism of Executive Power that is uncommon among Republican nominees.

Jonathan H. Adler |The Volokh Conspiracy | 10.18.2020 7:32 PM

corona1

Coronavirus

America Wasn't Ready for Coronavirus

Early takeaways from the country's response to a pandemic

Ronald Bailey, Damon Root, Eric Boehm, Nick Gillespie, Elizabeth Nolan Brown, and Scott Shackford | 5.4.2020 6:00 AM

BuckinghamPalace_1161x653

Coronavirus

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?

Scott Shackford | 3.20.2020 1:30 PM

emergency declaration

Presidential Power and the Wall

An amicus filing in the case challenging the Emergency Declaration's diversion of funds towards building the Wall

David Post |The Volokh Conspiracy | 10.25.2019 6:38 PM

polspphotos617481

Reason Roundup

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...

Elizabeth Nolan Brown | 10.15.2019 9:30 AM

Border Wall 2

Border wall

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.

Ilya Somin |The Volokh Conspiracy | 5.25.2019 2:21 PM

Large image on homepages

Ben Sasse

What the Heck, Ben Sasse?

Sasse tarnished his reputation as a thoughtful, independent, constitutional conservative by supporting Trump's emergency declaration.

Eric Boehm | 3.14.2019 7:05 PM

Crime

Madison Wept

And the senators said to the president, "pretty please?"

Keith E. Whittington |The Volokh Conspiracy | 3.13.2019 9:10 PM

Large image on homepages

Donald Trump

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.

Christian Britschgi | 3.13.2019 3:35 PM

Large image on homepages

Rand Paul

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.

Eric Boehm | 3.3.2019 2:30 PM

Large image on homepages

emergency declaration

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.

Peter Suderman | 2.26.2019 1:46 PM

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