Nondelegation and the Limits of Agency Authority After Consumers' Research and Loper Bright
A recent Federalist Society Teleforum with Adam White and Ilan Wurman
Nondelegation
Trump's Plan to Seize Greenland is Simultaneously Evil, Illegal, and Counterproductive
It would alienate allies, impose US rule on an unwilling population, and blatantly violate both US and international law.The plan to impose tariffs on nations opposing the seizure is also illegal and harmful.
Trump's Cruel and Illegal Expanded Travel Ban
A recent White House proclamation further expands his previous travel bans, to the point of barring nearly all legal migration from some 40 countries. Legally, it further underscores that Trump is claiming virtually unlimited executive power to restrict immigration,a claim that runs afoul of the nondelegation doctrine.
The Alien Enemies Act and the Major Questions Doctrine
The Trump administration's claims that illegal migration and drug smuggling qualify as an "invasion" or a "predatory incursion" under the Alien Enemies Act go against the major questions doctrine.
The Justices Are Skeptical of the Trump Tariffs, But Are They Skeptical Enough to Strike Them Down?
Some observations from yesterday's argument in Learning Resources v. Trump.
US Chamber of Commerce Files Lawsuit Challenging Trump's $100,000 H-1B Visa Fee
This is the second lawsuit challenging the policy, which is both illegal and likely to cause great harm if allowed to stand.
Lawsuit Challenges Trump's $100,000 H-1B Visa Fee
The case was filed yesterday by a broad coalition of different groups, including a health care provider, education groups, religious organizations, and labor unions.
Trump's Harmful and Illegal Plan to Gut H-1B Visas by Imposing $100,000 Fees
The plan violates the relevant visa law. If allowed to stand, it would significantly harm productivity and innovation.
House Republicans Just Voted To Give Even More Tariff Power Away to Trump
House Republicans passed a resolution that prevents Congress from ending the national emergency Trump is using to impose tariffs until March 31.
Supreme Court Will Hear Our Case Challenging Trump's Tariffs - and Two Other Related Cases
The cases will be considered on an accelerated schedule.
Why the Supreme Court Might Uphold Trump's Tariffs
The Administration's arguments have more doctrinal support than some might think
Federal Circuit Rules Against Trump's Massive IEEPA Tariffs in Our Case Challenging Them
In a 7-4 ruling, the en banc court upheld trial court ruling against all the challenged tariffs. The scope of the injunction against them remains to be determined.
Society for the Rule of Law Webinar on "Tariffs and the Rule of Law"
I participated along with Andrew Morris of the New Civil Liberties Alliance.
Major Orange Juice Importer Files Lawsuit Challenging Trump's Planned Brazil Tariffs
The case raises many of the same issues as our case against Trump's "Liberation Day" tariffs.
Defending the Court of International Trade Ruling Against Trump's Tariffs—A Reply to Estreicher and Babbitt [Updated]
Estreicher and Babbitt are right to conclude that Trump's tariffs violate the nondelegation doctrine, but wrong to reject other arguments against them.
Trump's Plan to Impose 50% Tariffs on Brazil Highlights Illegal and Harmful Nature of his Trade Policy
It's an obvious abuse of emergency powers, a claim to unconstitutional delegation of legislative power, and a threat to the economy and the rule of law.
Overview of the Amicus Briefs Filed in Our Tariff Case
The diversity and quality of the briefs opposing Trump's "Liberation Day" tariffs speaks for itself.
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.
Federal Circuit Appellate Brief Filed in Our Tariff Case
Our brief explains why the Federal Circuit should uphold the Court of International Trade decision striking down Trump's "Liberation Day" tariffs.
A Flawed, but Encouraging Nondelegation Decision
The Supreme Court may have reached the wrong result in FCC v. Consumers Research. But ruling emphasizes there are significant constitutional limits to legislative delegation to the executive.
My New Just Security Article on the Nondelegation and Major Questions Doctrines
It explains how these much-maligned doctrines can be valuable tools for constraining power grabs by presidents of both parties.
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.
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.
