The implications of this move are as yet unclear.
Plus: DOJ sues over Melania Trump adviser's book, Justice Clarence Thomas wants to limit Section 230, and more....
Ninth Circuit Rules Against Trump's Diversion of Military Construction Funds to Build his Border Wall
The divided 2-1 decision is the first court of appeals ruling to rule on the legality of a key part of the funding diversion effort.
Giving one man control of all nuclear weapons is a mistake.
Whitmer helped spark a national debate over the limits of executive power.
Some possible answers to these questions from leading experts on the subject.
DC Circuit Rules House of Representatives has Standing to Challenge Trump's Diversion of Funds to Build his Border Wall
The opinion was written by prominent conservative Judge David Sentelle.
Rand Paul, Tulsi Gabbard, Thomas Massie, Ron Wyden Join Forces To Unplug the President's 'Internet Kill Switch'
Under the broad terms of a 1934 federal law, the president has the authority to seize emergency control of almost any electronic device in the country.
The Trump presidency has been a stress test for maximalist theories of presidential power.
If only that signaled a broader respect for legal limits on executive power.
There’s nothing good about censoring communication platforms citizens want to use.
Plus: More red states may get legal weed, antitrust action against Google expected this week, the Cuties controversy, and more...
Plus: Raleigh cop uses fake evidence in drug cases, caution on CDC study linking restaurants to COVID-19 cases, and more...
A week after being sued over his arbitrary COVID-19 policy, Gov. Charlie Baker says he will allow arcades to reopen.
These proposals augment those made in Paul Rosenzweig and Vishnu Kannan's important recent article on the subject.
For the moment, the executive "memorandum" is long on rhetoric, but short on actual action. If it ever does lead to action, it could be yet another attack on federalism and separation of powers.
The Trump administration's new nationwide eviction moratorium provokes a backlash from some congressional Republicans.
It's a power grab that could undermine federalism and separation of powers, and imperil property rights.
"I know what moral panics look like; they look kind of like this."
Rejecting Biden's Threat of a Nationwide Mask Mandate, Trump Suddenly Respects Limits on Presidential Power
Both major parties defend the Constitution only when it's convenient.
Will his blunt self-aggrandizement reinvigorate concerns about presidents who exceed their powers?
New York City's primary election fiasco reveals gross incompetence rather than fraud.
The lawsuit raises a variety of important issues, including a nondelegation challenge. It could turn out to be a very significant case.
Michigan Gov. Gretchen Whitmer Wants President Donald Trump To Impose a Nationwide Face Mask Mandate
Whitmer's argument is short on facts and legal reasoning.
Two centuries of precedents say the president is not immune from judicial process.
Roberts, Gorsuch, and Kavanaugh Reject Trump's Assertion of 'Absolute Immunity' From State Criminal Subpoenas
The Supreme Court weighs the legality of subpoenaing Trump’s financial records.
BREAKING: Supreme Court Decides Trump Financial Records Cases and Fate of Eastern Oklahoma (Updated)
The Supreme Court rejected Donald Trump's claims of immunity, but reaffirmed limits on investigatory powers, and ruled in favor of Native American tribal claims against Oklahoma.
Supreme Court Rules Against Consumer Financial Protection Bureau, Says Agency's Format 'Clashes With Constitutional Structure'
SCOTUS rules 5–4 in Seila Law v. Consumer Financial Protection Bureau.
The article explains why these policies, which made made America more closed to immigration than at any previous time in history, are both harmful and a dangerous executive power grab.
In it I explain how to reform a federal law the Supreme Court has interpreted as giving the president nearly unlimited power to ban migrants from entering the United States.
It's great that Gov. Gavin Newsom is finally looking at costs and benefits. But don't kid yourself. None of it has anything to do with "science."
Trump's Threat to Withhold Federal Funds from States that Expand Voting By Mail Highlights Growing Menace to Federalism and Separation of Powers
A president who can attach his own new conditions to federal grants to states could use that power to undermine state autonomy on many issues - especially now that federal spending has been massively expanded during the coronavirus crisis.
There is a difference between reporting facts that make the president uncomfortable and manufacturing facts to fit a preconceived view of him.
There was a potentially pivotal exchange in today's Supreme Court oral argument over the House subpoenas seeking the President's financial records.
No, the Supreme Court's "Bridgegate" Decision Doesn't Vindicate Trump on Impeachment [Updated with Comment on Josh Blackman's Clarification of his Position]
An abuse of power that doesn't violate federal fraud statutes can still be an impeachable offense - and still violate other criminal law.
Plus: Justin Amash seeking L.P. nomination, pandemic hasn't halted FDA war on vaping, and more
While denying Donald Trump's dictatorial impulses, William Barr notes that public health emergencies do not give governments unlimited powers.
Plus: New York legalizes Zoom weddings, federal labeling laws exacerbate grocery store shortages, and more...
The president contemplates a sweeping exercise of executive authority.
It's not the politicians who have the power to reopen America, or at least the parts that are now closed. It's individuals, families, businesses, and religious congregations.
The president has a history of asserting powers he does not actually have.
Plus: Americans plan to stay home for months, courts block more abortion bans, Amash "looking closely" at presidential run, and more...
Hungary's Viktor Orbán consolidates power, Harvard's Adrian Vermeule fantasizes about wielding it, and many of those who oppose authoritarian conservativism beg Donald Trump to close the country down.