A burst of recent scholarship exploring the Originalist case for and against the nondelegation doctrine.
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.
The lawsuit raises a variety of important issues, including a nondelegation challenge. It could turn out to be a very significant case.
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.
Other possible legal challenges to Trump's expanded travel ban may be precluded by the Supreme Court's ruling in Trump v. Hawaii. This one is not.
As Trump's trade wars demonstrate, giving the president unilateral authority to impose tariffs is both dangerous and unconstitutional. Getting rid of it is likely to require a combination of litigation and political mobilization.