Holding Steve Bannon in Contempt
Congress prepares to assert its investigative authority.
Executive Power
Federal Court Rules Against Title 42 "Public Health" Expulsions of Migrants
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.
Can Biden's Vaccination Rule for Private Employers Survive Judicial Scrutiny?
A broad standard with no exceptions better serves his goals, but it will be harder to defend in court.
Biden's Vaccine Mandate Is the Latest Sign of the Presidency Becoming a Monarchy
The presidency has always been inclined to unilateral power—and many Americans like it that way.
Rights and Wrongs of Biden's New Vaccination Mandate Policies
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.
The Biden Administration's 'Emergency' Vaccine Mandate May Be Vulnerable to Legal Challenges
OSHA has rarely used this option, which avoids the usual rule-making process, and most challenges to such edicts have been successful.
Where Does Biden Get the Authority To Mandate Vaccination?
Emergency OSHA rules are frequently struck down by courts.
Two Big New Ways the Biden Administration Plans To Overstep Its Pandemic Authority
Plus: The vaccine and abortion debates, a promising jobs report, and more...
Biden Admits He Can't Mandate Masks. Why Does He Think He Can Mandate Vaccines?
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.
Audio of Radio Program on Immigration and the Constitution
Yale Law School Prof. Cristina Rodriguez and I discussed this timely subject with host Stephen Henderson.
Biden Keeps Pushing Dubious Arguments for CDC Supremacy
The president seems determined to anoint the agency’s director as the nation’s COVID-19 dictator, no matter what the law says.
Supreme Court Rules Against the Revised CDC Eviction Moratorium
This outcome was widely expected by legal commentators.
Biden's Eviction Moratorium Defies the Rule of Law
The administration issued the order even while conceding that it lacked the authority to do so.
Senators Aim To Curtail Presidential Power Over War, Arms Sales, Emergency Declarations
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 2002 AUMF Won't Be Enough To End Forever Wars
Repealing the law that allowed America to depose Saddam Hussein won't stop us from waging war elsewhere.
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.
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.
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.
Upcoming Federalist Society Executive Branch Review Conference
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.
Joe Biden Learns To Love Gun Control by Presidential Fiat
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.
Is More Presidential Power Necessary in the Modern World? A Soho Forum Debate
Stanford University's Terry Moe and the Cato Institute's Gene Healy debate giving fast-track authority to U.S. presidents.
Should U.S. Presidents Have Fast-Track Authority to Get Things Done?
A Soho Forum debate on expanding or restricting presidential powers.
My New Washington Post op ed on Biden, Syria, and War 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.
Biden Indicates Openness to Replacing War Authorizations with "Narrow and Specific" Framework
This initiative might help restore congressional control over war authorization. But there is reason for skepticism that it will pan out.
The Constitution and Biden's Syria Air Strike
The strike was probably legal (as were similar small-scale strikes by Trump). But there are serious constitutional problems with the overall US military presence in Syria.
The State of the Legal Struggle Over the CDC Eviction Moratorium
Two district court decisions have upheld the moratorium against various challenges, while one has ruled against it. The legal battle may be just beginning.
Rand Paul, Ron Wyden Want To End Endless National Emergencies
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.
Biden Revokes Trump's Coronavirus Immigration Bans [Updated with a correction]
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.
Biden's Orders Continue the Presidency's Slide Toward Elective Monarchy
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.
Will Democrats Embrace the Imperial Presidency Now That Their Guy Is in Charge?
Partisans who abandon constitutional principles because they prove inconvenient are in for a rude surprise when the other team wins.
Biden Issues At Least 15 Executive Orders and Actions on Day One
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 Mask Mandate Retreat Is a Hopeful Sign
The president acknowledges that there are limits to executive power, even during a public health emergency.
Can President Trump Pardon Himself?
The Constitution's words, history, and structure suggest the best answer is no. He can't plead, "I beg my pardon."
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.
A Qualified Defense of Impeaching Trump Again
I supported the previous impeachment of Trump, and would be happy to see him impeached and convicted now. But before proceeding, we should carefully consider how effective a new impeachment effort is likely to be.
Trump Wasn't a Dictator, but He Played One on TV
The 45th president busted norms left and right. But the abuse of executive power didn't start and won't end with him.
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.
Will President Biden Have Greater Control Over Independent Agencies than His Predecessors?
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.
Trump's Pattern of Self-Serving Pardons Continues
President Trump's use of the pardon power confirms Anti-Federalist fears more than did his predecessors'.