A federal appeals court rejects a highly implausible redefinition of machine guns.
Separation of Powers
The national eviction moratorium and Arizona’s business restrictions were based on dubious assertions of authority.
Partisans who abandon constitutional principles because they prove inconvenient are in for a rude surprise when the other team wins.
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.
Current law can allow the president to route around Congress indefinitely.
Ted Cruz's Eagerness To Fight Trump's Legal Battles Epitomizes the GOP's Complete Lack of Principles
By his own account, the Texas senator is committed to defending a dishonest, amoral, narcissistic bully.
The senators warned that the Court might have to be "restructured" if it did not reach the conclusion they preferred in a Second Amendment case.
When must claimants raise appointments-clause challenges?
California's COVID-19 business closures have turned Ghost Golf into a shadow of its former self. Its owner is now suing the governor for the right to reopen.
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
DC Circuit Rules House of Representatives has Standing to Challenge Trump's Diversion of Funds to Build his Border Wall
The opinion was written by prominent conservative Judge David Sentelle.
If only that signaled a broader respect for legal limits on executive power.
For the moment, the executive "memorandum" is long on rhetoric, but short on actual action. If it ever does lead to action, it could be yet another attack on federalism and separation of powers.
It's a power grab that could undermine federalism and separation of powers, and imperil property rights.
May Legislature Restrict State Constitutional Right to Keep and Bear Arms in the Legislative Building?
A court should decide that question by interpreting the state Bill of Rights, the New Hampshire Supreme Court says; it shouldn't conclude that this is a "political question" to be decided purely by the Legislature and the people.
Rejecting Biden's Threat of a Nationwide Mask Mandate, Trump Suddenly Respects Limits on Presidential Power
Both major parties defend the Constitution only when it's convenient.
At the same time, the court punts on whether the House has standing to challenge allegedly unlawful expenditure by Executive Branch.
Will his blunt self-aggrandizement reinvigorate concerns about presidents who exceed their powers?
Look for the full appellate court to send the case back to the trial court - which is where it belongs.
The article critiques the majority decision, and outlines a better way to limit Congress' subpoena power.
Preliminary Thoughts on the Mazars and Vance Cases [Updated with Link to my SCOTUSblog Article on Mazars]
Vance strikes me as compelling and correct. Mazars creates a complex and unwieldy balancing test.
Former federal judge Michael Luttig thinks that the D.C. Circuit did not really understand what was at stake.
Supreme Court Rules Against Consumer Financial Protection Bureau, Says Agency's Format 'Clashes With Constitutional Structure'
SCOTUS rules 5–4 in Seila Law v. Consumer Financial Protection Bureau.
A 2-1 ruling concludes that the district court cannot even hold a hearing on the subject.
The decision says the "unbridled and unfettered consolidation of authority in one unelected official" violates due process and the separation of powers.
The ruling says the state's top health official exceeded her statutory authority by ordering "nonessential" businesses to close.
Wisconsin Supreme Court Says the State's COVID-19 Lockdown Violated the Rule of Law and the Separation of Powers
A seemingly arcane dispute about administrative law has profound implications for the limits of public health authority.
The Limiting Principle for Congress' Power to Subpoena Presidential Records Isn't Hard to Find [Updated With Response to Josh Blackman]
Why the Supreme Court can rule in favor of Congress in the Trump financial records cases without thereby giving Congress any unlimited power.
The scheme, created by a concurrent resolution, is inconsistent with the Kansas Emergency Management Act. A legislative council's decision to overrule the Governor's church shutdown order has thus been invalidated, and the church shutdown is back in effect.
Huge Legislature-Governor Conflict in Kansas, Over Emergency Powers (Stemming from Religious Freedom Dispute)
A "drafting snafu" with the Legislature's concurring resolution, which endorsed the Governor's initial emergency order, is casting many things in doubt.
Chuck Schumer's Trumpian Attack on the Supreme Court Threatens the Judicial Independence That Democrats Claim To Defend
The Senate minority leader threatened two justices by name, and then he lied about it.
If Bloomberg's Arrogance Worries You, His Weaselly Positions on Presidential Power Won't Reassure You
The presidential candidate reserves the right to wage unauthorized wars, kill Americans in foreign countries, prosecute journalists, and selectively flout the law.
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.
Republicans are setting a dangerous precedent they may come to regret the next time a Democrat occupies the White House.
The legal basis for such a ruling is hard to find.
An important development in the legal wrangling over the separation of powers.
The Supreme Court will consider a constitutional challenge to the composition of the Consumer Financial Protection Bureau.
Thirteen legal scholars weigh in, including the VC's Keith Whittington and myself.