My New Verfassungsblog Article On "The Nondelegation Case Against Trump's New Travel Ban"
It explains why a nondelegation challenge could work and deserves to win, despite Trump v. Hawaii.
Nondelegation
Defending the Court of International Trade Ruling Against Trump's Tariffs - A Reply to John Yoo
Yoo's criticisms are off the mark, for a variety of reasons. But, tellingly, he actually agrees Trump's IEEPA tariffs are illegal, merely disagreeing with the court's reasons for reaching that conclusion.
Defending the Court of International Trade Ruling Against Trump's Tariffs - A Reply to Jack Goldsmith
The CIT ruling is much stronger than Prof. Goldsmith contends. The same is true of a related ruling by federal District Court Judge Rudolph Contreras.
The Nondelegation Case Against Trump's Massive New Travel Ban
Trump v. Hawaii may block a challenge based on unconstitutional discrimination. But it does not preclude a nondelegation case. Other recent developments may actually bolster that approach.
Trump's Massively Cruel New Travel Ban
He has banned nearly all new immigration and other entry by citizens of twelve countries, and imposed severe restrictions on seven more.
Compendium of Writings About the Trump Tariff Case [Updated]
Links to my writings about our case against Trump's "Liberation Day" Tariffs and related issues.
Hub and UnPopulist Podcasts About the Tariff Case
The podcasts cover the case and its relationship to the more general problem of abuse of emergency powers.
My New Atlantic Article on the Tariff Case and its Significance
It explains how the ruling is a win for separation of powers and the rule of law.
Federal District Court Issues Another Ruling Against Trump's IEEPA Tariffs
The decision by Judge Rudolph Contreras of the US District Court for the District Columbia holds IEEPA doesn't authorize the president to impose tariffs at all.
We Won Our Tariff Case!
The Court of International Trade just issued a decision striking down Trump's "Liberation Day" tariffs and other IEEPA tariffs.
Video of Cato Institute Virtual Event on "Tariffs, Emergencies, and Presidential Power"
I spoke along with my Cato colleague Walter Olson.
Thoughts on the Oral Argument in the Oregon Case Against Trump's IEEPA Tariffs
Like that in the similar case filed by Liberty Justice Center and myself, this one indicated judicial skepticism of Trump's claims to virtually unlimited power to impose tariffs.
Why the Major Questions Doctrine Applies to the President, Not Just Executive Agencies
This is a key issue in cases seeking to limit executive branch power grabs, including Trump's tariffs. Judge Ryan Nelson (a conservative Trump appointee) explains why the president is not exempt from the doctrine.
Washington Outsider Report Podcast Interview on the Trump Tariff Litigation
I was interviewed by attorney/podcaster Irina Tsukerman.
Trump's Tariffs Usurp the Legislature's Tax Power
The president’s sweeping import levies have no basis in the statute he cites.
KQED Interview on Legal Challenges to Trump's Immigration and Tariff Policies
We also covered the issue of the administration's failure to properly obey court orders and the looming threat of a "constitutional crisis."
Twelve States File Lawsuit Challenging Trump's IEEPA Tariffs
The suit resembles previous ones on the same subject filed by the state of California, and by the Liberty Justice Center and myself.
Bipartisan Group of Prominent Legal Scholars and Former Government Officials Files Amicus Brief Supporting Our Case Challenging Trump's "Liberation Day" Tariffs
Signers include Steve Calabresi, Harold Koh, Richard Epstein, Michael McConnell, Alan Sykes, former Attorney General Michael Mukasey, and others.
Motion for Preliminary Injunction, Temporary Restraining Order, and Summary Judgement in Our Case Against Trump's "Liberation Day" Tariffs
The motion was filed today, and sets out our case in detail.
My New Lawfare Article on "The Constitutional Case Against Trump's Trade War"
It explains why the IEEPA "Liberation Day" tariffs are illegal and how our case against them relates to the other three cases challenging Trup's tariffs.
Bloomberg and Forbes Podcast Interviews About our Lawsuit Challenging Trump's "Liberation Day" Tariffs
The Liberty Justice Center and I filed the case on Monday.
Cato Institute Podcast on Our Lawsuit Challenging Trump's "Liberation Day" Tariffs
I was interviewed by Caleb Brown of Cato.
California Files Lawsuit Against Trump's Tariffs
They challenge both the "Liberation Day" IEEPA tariffs, and earlier ones imposed on Canada, Mexico and China.
Liberty Justice Center and I File Lawsuit Challenging Trump's "Liberation Day" Tariffs
It was filed today in the US Court of International Trade.
The Tariff Madness Isn't Over
Even after Trump paused some of his new tariffs for 90 days, we still have the highest average tariffs in over a century and the biggest trade war since the Great Depression. Real relief will only come if Congress or the courts deny Trump the power to do this.
President Trump's New Tariffs Are Unconstitutional
They violate the major questions doctrine set forth by the Roberts Court and must be stopped by a nationwide injunction.
NCLA Files Lawsuit Challenging Trump's IEEPA Tariffs Against China
The lawsuit raises nondelegation and major questions doctrine arguments.
Why Trump's "Liberation Day" Tariffs are Illegal
They weren't authorized by Congress and go against the major questions and nondelegation doctrines.
Looking for Plaintiffs to Challenge Trump's IEEPA Tariffs in Court
The Liberty Justice Center and I are looking for appropriate plaintiffs to bring this type of case. LJC (a prominent public interest law firm) can represent them pro bono.
Challenging Trump's Tariffs Under the Major Question Doctrine
Georgetown law Prof. Jennifer Hillman explains why Trump's tariffs are vulnerable to challenge on this basis.
Challenge Trump's Tariffs Under the Nondelegation and Major Questions Doctrines
Recent Supreme Court precedent suggests such challenges might prevail, though success is not guaranteed.
Supreme Court Denies Certiorari for Braidwood Nondelegation Claim
The Court will only consider one of the issues in Braidwood Management v. Becerra
Supreme Court Grants Certiorari in Becerra v. Braidwood Management
Another significant administrative law grant of certiorari (and a dog that didn't bark).
DC Circuit Finds Some FINRA Authority Violates Private Nondelegation Doctrine
The private nondelegation doctrine is getting an increasing amount of attention from the courts.
Supreme Court Grants Certiorari in Nondelegation Case
A challenge to the FCC's Universal Service Fee could produce a major administrative law decision.
Perils of Broad Presidential Power Over Tariffs
Donald Trump's plan for massive tariff increases is particularly dangerous because the White House could likely implement it without any new congressional authorization.
En Banc Fifth Circuit Concludes FCC's "Universal Service" Fee Is Unconstitutional
A majority of the judges concludes this fee constitutes a tax, the authority for which is improperly delegated.
Is the Federal Property and Administrative Services Act Unconstitutional?
In an interesting dissent, Judge Allison Eid argues it violates existing nondelegation doctrine precedent.
SEC v. Jarkesy and the Future of Agency Adjudication
An important challenge to the use of agency adjudication to enforce federal regulations.
Of Babysitters and Major Questions
Survey data casts doubt on the textualist rationale for the major questions doctrine that I and others have advanced. But perhaps not as much doubt as it might seem.
Justice Barrett's Textualist Defense of the Major Questions Doctrine
In today's student loan decision, Justice Barrett offers a textualist rationale for this controversial rule. I have made similar arguments myself.
Federal Court Strikes Down Obamacare Preventive Care Insurance Mandates
The ruling is based on separation of powers and Religious Freedom Restoration Act grounds.
A Major New Defense of the Major Questions Doctrine
Legal scholar Ilan Wurman argues the controversial doctrine is justifiable on textualist and linguistic grounds.
A Federal Judge Says the DOJ's Sex Offender Registration Rules Violate Due Process by Requiring the Impossible
Justice Department regulations threaten people with prosecution for failing to register even when their state no longer requires it.
The Horseracing Case, Part 3: How Carter Coal Is Misunderstood
Despite a recent Fifth Circuit case, Carter v. Carter Coal Co. (1936) doesn't limit private delegations.
The Horseracing Case, Part 2: Private Delegation Before and After Schechter Poultry
The Supreme Court has never held that private delegations have any special unfavorable treatment under the Article I Nondelegation Doctrine: quite the opposite!
The Horseracing Case and How It Misunderstands Private Delegation
Despite a recent Fifth Circuit case, there is no private nondelegation doctrine.
Fifth Circuit: Horseracing Integrity and Safety Act Unconstitutionally Delegates Power to a Private Entity
A rare, successful nondelegation challenge in the U.S. Court of Appeals for the Fifth Circuit.
