Congress prepares to assert its investigative authority.
The expulsions, ordered by the CDC for the supposed purpose of stopping the spread of Covid-19, are illegal for much the same reasons as was the CDC eviction moratorium recently struck down by the Supreme Court.
A broad standard with no exceptions better serves his goals, but it will be harder to defend in court.
The presidency has always been inclined to unilateral power—and many Americans like it that way.
Some parts are both good policy and legally unproblematic. Others - particularly the mandate imposed on private employers - are legally dubious and would set a dangerous precedent if upheld by courts.
OSHA has rarely used this option, which avoids the usual rule-making process, and most challenges to such edicts have been successful.
Emergency OSHA rules are frequently struck down by courts.
Plus: The vaccine and abortion debates, a promising jobs report, and more...
Biden's sudden embrace of a federal vaccine requirement seems inconsistent with his acknowledgment that he cannot mandate every COVID-19 precaution he'd like people to follow.
Yale Law School Prof. Cristina Rodriguez and I discussed this timely subject with host Stephen Henderson.
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
This outcome was widely expected by legal commentators.
The administration issued the order even while conceding that it lacked the authority to do so.
Plus: The FBI had at least a dozen informants helping put together the plot to kidnap Michigan's governor, price controls fail again, and more.
If the CDC Can Impose a Nationwide Eviction Moratorium, Why Can't It Impose a Nationwide Vaccine Mandate?
It could, if it actually had the vast public health powers that the Biden administration claims it does.
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.
Repealing the law that allowed America to depose Saddam Hussein won't stop us from waging war elsewhere.
The COVID-19 pandemic showed the dangers of letting governors unilaterally, dramatically, and indefinitely magnify their own powers.
Empowered by Voters, Pennsylvania Legislators Are Poised To End the Governor's 15-Month COVID-19 Emergency
The resolution is part of a broader movement to rein in executive power during emergencies.
The state is scheduled to ease its lockdowns on June 15. But Newsom still wants the power to control the terms.
Voters in Pittsburgh banned no-knock police raids and solitary confinement too.
The online event features panels on a wide range of issues related to executive power, including one on federalism where I will be one of the participants.
Adam Cox and Cristina Rodriguez Respond to Critics and Commentators on their Book "The President and Immigration Law"
This is the conclusion of the Yale Journal on Regulation symposium about the book.
The president's unilateral restrictions are legally dubious and unlikely to "save lives."
Yale Journal on Regulation Symposium on Adam Cox and Cristina Rodriguez's book "The President and Immigration Law"
Contributors include a variety of legal scholars, including, Jessica Bulman-Pozen, Dan Farber, and myself, among others.
Biden Administration Extends CDC Eviction Moratorium Until June 30—the Legal Battle Over it Will Continue
The new order is similar to the old, but includes an extensive section defending the measure on public health grounds.
Stanford University's Terry Moe and the Cato Institute's Gene Healy debate giving fast-track authority to U.S. presidents.
A Soho Forum debate on expanding or restricting presidential powers.
I argue that the recent air strike was legal, but overall US military intervention in Syria still lacks required congressional authorization. Biden may be trying to change that; but history gives reason for skepticism.
This initiative might help restore congressional control over war authorization. But there is reason for skepticism that it will pan out.
Two district court decisions have upheld the moratorium against various challenges, while one has ruled against it. The legal battle may be just beginning.
Under a bill the two senators reintroduced on Friday, all presidential emergency declarations would expire after 72 hours unless Congress votes to allow them to continue.
This action brings to an end a period when the US was more closed off to legal immigration than at any other time in the nation's history.
If the refusal of lawmakers to enact a president's policies is justification for unilateral executive action, then a slide toward elective monarchy is inevitable.
Partisans who abandon constitutional principles because they prove inconvenient are in for a rude surprise when the other team wins.
Plus: Columbia University neuroscientist defends heroin use, Cuomo plan would still criminalize growing or delivering marijuana, and more...
Biden's Revival of Trump's Eviction Moratorium is at Odds with His Position on the Legality of a National Mask Mandate
Biden correctly recognizes he doesn't have the authority to impose a general national mask mandate. The same reasoning shows the nationwide eviction ban is also illegal.
Biden's Recovery Plan Would Extend the Federal Government's Extraordinary Eviction Ban Through September 2021
Eviction bans were enacted as an emergency public health measure. They’re quickly becoming a permanent policy.
Congress Overrides Trump Veto of Defense Bill that Includes Tight Constraints on Use of "Emergency" Powers to Divert Military Construction Funds to the Border Wall and Other Projects
This would prevent repetition of some of the shenanigans Trump has used to divert funds for his border wall project.
A newly released OLC opinion asserts the White House can require independent agencies to comply with Executive Orders on regulatory review.
How Biden Can Terminate Trump's Border Wall Project—And Save Money and Protect Property Rights in the Process
Joe Biden can easily stop further work on the wall, protect property owners against further takings of private property, and save money in the process. Additional steps may be tougher, but are still worth considering.