Trump Has a Habit of Asserting Broad, Unreviewable Authority
Whether he is waging the drug war, imposing tariffs, deporting alleged gang members, or fighting crime, the president thinks he can do "anything I want to do."
Federal Courts
Florida Applies for Federal Reimbursement for 'Alligator Alcatraz' Costs Despite Court Warning
Florida Gov. Ron DeSantis promised that the federal government would reimburse the state for the costs of "Alligator Alcatraz," but doing so would make the detention facility subject to environmental reviews Florida ignored.
The Trump Administration's Half-Baked Plan To Disarm Transgender People Is Legally Bankrupt
Such a gun ban is not authorized by statute or allowed by the Second Amendment.
Trump's Tariffs Face a Major 'Major Questions' Problem at the Supreme Court
The same legal theory that tripped up Joe Biden's student loan scheme could also sink Donald Trump's tariffs.
Florida Deputies Jailed Her for 3 Days Even Though She Was Obviously Not the Suspect Described in a Warrant
A federal judge cleared the way for Jennifer Heath Box's lawsuit against the cops who misidentified her as a fugitive, despite a "mountain of evidence" that they had the wrong woman.
The Proposed Ban on Gun Possession by Transgender People Would Be Neither Legal Nor Constitutional
The Justice Department reportedly is considering a regulation aimed at disarming "mentally ill individuals suffering from gender dysphoria."
The 5th Circuit Rejects Trump's Invocation of the Alien Enemies Act
The appeals court blocked the removal of alleged Venezuelan gang members under that law "because we find no invasion or predatory incursion."
The Gun-Free School Zones Act Is Doubly Dubious
The federal law relies on a risible reading of the Commerce Clause to restrict a constitutional right.
The Rationale for the Federal Circuit's 'Radical Left' Tariff Decision Is Fundamentally Conservative
Donald Trump's claim that the appeals court ruled against him for partisan or ideological reasons is hard to take seriously.
Not So Fast, ICE
Plus: Rogue sheriffs, Trump life coaching, Trump family cryptocurrency, and more…
The Federal Circuit's Tariff Ruling Highlights the Audacity of Trump's Power Grab
Seven judges agreed that the president's assertion of unlimited authority to tax imports is illegal and unconstitutional.
Federal Appeals Court Says Trump's Tariffs Are Unlawful, Allows Them To Remain in Place
Trump went "beyond the authority delegated to the President," the court ruled, but it vacated an injunction that could have provided immediate tariff relief to American businesses.
The 10th Circuit Agrees That Prosecuting Cannabis Consumers for Gun Possession May Be Unconstitutional
The appeals court rejected most of the arguments in favor of that policy, saying "the government must show non-intoxicated marijuana users pose a risk of future danger."
Compensation for Legal Fees Is a Critical Protection Against Civil Forfeiture Abuses
A recent federal appeals court decision underlines the importance of that safeguard.
The 11th Circuit Revives a Constitutional Challenge to the Federal Law That Disarms Medical Marijuana Patients
The appeals court concluded that the government had failed to show that policy is consistent with "this Nation's historical tradition of firearm regulation."
Judge Orders Alligator Alcatraz To Wind Down Operations Within 60 Days
A federal district court judge granted environmentalist groups’ request for a preliminary injunction.
9 Years Ago, Marco Rubio Explained Why Trump's Birthright Citizenship Order Is Unconstitutional
The 2016 brief defended the understanding of the 14th Amendment that the president wants to overturn.
Court Kills California's One-Gun-a-Month Law
There’s no historical precedent for trying to ration constitutionally protected rights.
The Government Sent '20 Police Officers' With Riot Gear To Rearrest D.C. Sandwich Thrower, Says Attorney
A video by the White House corroborates that account, calling into question just how serious the president is about actually addressing crime.
After Another Delay, Trump's China Tariffs Look Even Less Like a Legitimate 'Emergency'
The words national emergency are not a magic spell that presidents can utter to unlock unlimited legislative powers for themselves.
They Fled Socialism and Came to the U.S. Legally. Now the Trump Administration Is Trying To Deport Them.
For years, the president has rightly railed against those oppressive regimes. So why is his administration targeting their victims?
A First Amendment Lawsuit Highlights the Chilling Impact of Speech-Based Deportation on Student Journalists
The Foundation for Individual Rights and Expression is seeking an injunction that would protect noncitizens at The Stanford Daily from arrest and removal because of their published work.
The Government Seized 7 Horses From a Georgia 'Urban Cowboy.' A Court Says He Can Sue.
In a rare and significant decision, a federal court ruled Brandon Fulton can sue directly under the Takings Clause—without Congress creating a specific remedy.
Federal Circuit Judges Question Trump's Discovery of Vast Tariff Powers
The president is claiming "unbounded authority" to impose import taxes based on a law that does not mention them.
The Government Fined This Farm Over $550,000—Mostly for a Paperwork Violation
Joe and Russell Marino will finally get their day in court. The ruling represents a turning of the tide when it comes to the fairness of such proceedings, where agencies have long played both prosecutor and jury.
Upholding a Vaccine Mandate, the 9th Circuit Embraces an Alarmingly Broad Definition of 'Public Health'
The appeals court held that the government may require COVID-19 shots based purely on the benefits to recipients.
Federal Court Appears Receptive to Arguments Against Unilateral Presidential Tariff Power
President Trump’s invocation of emergency powers to impose tariffs faces skeptical judges.
A Cop Lied, Fabricated a Sex-Trafficking Case, and Jailed a Teen on False Charges—and Still Can't Be Sued
The case is a baffling reminder that the more power a government official has, the harder it is for a victim to get a shot at justice.
Hiking Tariffs on Canada, Trump Demands 'Adequate Steps' To Achieve an Impossible Drug War Goal
Canada accounts for a tiny percentage of fentanyl smuggling, which cannot be stopped by trying harder.
Are Trump's Tariffs Responding to an Actual Emergency?
If so, then why postpone any enforcement until October?
Can Trump Use Emergency Powers To Tax All Imports? His Tariffs Are Back in Court on Thursday.
To win in court, the Trump administration will have to argue against a pair of legal theories that conservatives have spent years developing as a way to check executive power.
The ACLU Says a New York Official Violated the NRA's First Amendment Rights. They Still Can't Sue Her.
A federal court concluded the official was entitled to qualified immunity in a case that united two unlikely allies.
An Arkansas Town Agrees To Remove a License Plate Camera Aimed at a Couple's Home
Local officials initially were unfazed by complaints that the constant surveillance raised serious privacy concerns.
The FBI Seized Her $40,000 Without Explaining Why. She Fought Back Against That Practice—and Lost.
The twist underscores just how little accountability exists in civil forfeiture, which allows law enforcement to seize assets without charging the owner with a crime.
Californians Can Now Buy Ammunition Online Just Like Free Americans
Golden State ammunition restrictions have been voided for violating the Second Amendment.
Michigan Wineries Win $50 Million in Fight Against Local Zoning Rules
A federal judge ruled that Peninsula Township’s former restrictions on music, events, and grape sourcing violated the rights of local wineries.
Trump's Birthright Citizenship Order Is Unconstitutional, Says the First Appeals Court to Consider the Issue
The judgment is not surprising, since the president's reading of the 14th Amendment contradicts its text and history, plus 127 years of Supreme Court precedent.
Hunter Biden Walks Free While This Iowa Man Serves 4 Years for the Same 'Crime'
The contrast between the two cases illustrates the haphazard impact of an arbitrary, constitutionally dubious gun law.
Federal Judge to Trump on FTC Commissioner Firing: No, You Can't Fire Whomever You Want
The ruling upholds protections afforded to officers of the "quasi legislative or quasi judicial agencies" created by Congress.
Judicial Nominee Emil Bove Can't Recall Whether He Said the DOJ Might Say 'Fuck You' To Court Orders
The alleged incident goes to the heart of the objections raised by critics who worry about Bove's respect for the rule of law.
Why a Trump-Appointed Judge Is Torching His Own Court's Approach to Qualified Immunity
Judge James C. Ho recently described a troubling phenomenon on the 5th Circuit and the government abuse it enables.
Appeals Court Briefs Say Trump's Tariffs Are Based on a Statute That Does Not Authorize Tariffs at All
The Cato Institute and the New Civil Liberties Alliance urge the Federal Circuit to extend the logic of a decision against the president's far-reaching import taxes.
The Trump Administration Says Its Speech-Based Deportation Policy 'Does Not Exist'
The government’s lawyers also say that supposedly nonexistent policy is perfectly consistent with the First Amendment.
Gun Rights Groups Welcome the Demise of Illogical and Constitutionally Dubious Federal Firearm Taxes
The taxes on sound suppressors, short-barreled rifles, and short-barreled shotguns, originally enacted in 1934, were meant to be prohibitive, imposing bans in the guise of raising revenue.
A Broad Ruling Against Trump's Immigration Policies Illustrates Alternatives to Universal Injunctions
Class actions and Administrative Procedure Act claims can achieve much the same result as the nationwide orders that the Supreme Court rejected.
Federal Prison Guards Allegedly Beat an Inmate to a Pulp. The Supreme Court Says He Can't Sue.
The ruling tells an interesting story about how the very body that created a cause of action for victims of federal abuse has since worked to undermine that right.
Trump's 'Giant Win' Does Not Validate His Unconstitutional Birthright Citizenship Order
Tellingly, the president avoided defending his dubious interpretation of the 14th Amendment at the Supreme Court.
Trump Says the Courts Have No Business Questioning His Dubious Definition of 'Alien Enemies'
The U.S. Court of Appeals for the 5th Circuit is considering whether the president properly invoked the Alien Enemies Act to deport alleged gang members.
