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Statutory Interpretation

President Donald Trump speaks at a Cabinet meeting | CNP/AdMedia/Sipa/Newscom

Law enforcement

When It Comes to Fighting Crime With the National Guard, Trump Says, He Can Do 'Anything I Want To Do'

The president's plan to promote public safety by deploying troops in cities across the country is hard to reconcile with constitutional constraints on federal authority.

Jacob Sullum | 8.27.2025 3:50 PM

President Donald Trump waves toward reporters at the White House | Sipa USA/Newscom

Tariffs

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.

Jacob Sullum | 8.6.2025 12:01 AM

President Donald Trump during a signing ceremony at the White House | Sipa USA/Newscom

War on Drugs

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.

Jacob Sullum | 8.1.2025 3:20 PM

President Donald Trump holds up an executive order imposing his "Liberation Day" tariffs | CNP/AdMedia/Sipa/Newscom

Tariffs

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.

Jacob Sullum | 7.9.2025 4:10 PM

President Donald Trump on the South Lawn of the White House | Tom Williams/CQ Roll Call/Newscom

Immigration

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.

Jacob Sullum | 7.3.2025 4:40 PM

President Donald Trump | Ken Cedeno/Pool via CNP/Mega/RSSIL/Newscom

Trump Administration

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.

Jacob Sullum | 7.1.2025 5:40 PM

California National Guard members in Los Angeles | Apex/Mega/DFBEV/Newscom

Executive Power

The 9th Circuit Rejects Trump's Audacious Claim That He Can Use the National Guard However He Likes

Although the appeals court said the president probably complied with the law he invoked to justify his California deployment, it emphasized that such decisions are subject to judicial review.

Jacob Sullum | 6.20.2025 2:30 PM

President Donald Trump at the G7 summit | Kyodo/Newscom

Executive Power

Trump Argues That He Can Take Over a State's National Guard Whenever He Feels Like It

The government's lawyer told a 9th Circuit panel the president's deployments are "unreviewable," so he need not even pretend to comply with the statute on which he is relying.

Jacob Sullum | 6.18.2025 4:05 PM

Tariffs

Does the Smoot-Hawley Act Justify the Trump Tariffs? More, from Jed Rubenfeld and Philip Zelikow

Eugene Volokh |The Volokh Conspiracy | 6.5.2025 12:37 PM

three sharks, likely blacktips, swim in clear blue water | Florida Shark Diving

Clemency

Trump Rightly Pardons 2 Florida Divers Who Became Federal Felons Because of an Honest Mistake

John Moore and Tanner Mansell were convicted of theft after they freed sharks they erroneously thought had been caught illegally.

Jacob Sullum | 5.29.2025 1:40 PM

FTC Chairman Andrew Ferguson | FTC

Social Media

The FTC's Probe Into 'Potentially Illegal' Content Moderation Is a Blatant Assault on the First Amendment

In the name of "restoring freedom of speech," FTC Chairman Andrew Ferguson wants to override the editorial judgments of social media platforms.

Jacob Sullum | 5.21.2025 3:15 PM

President Donald Trump at the White House | Hu Yousong / Xinhua News Agency/Newscom

Immigration

An Intelligence Memo Casts Further Doubt on Trump's Nonsensical Definition of 'Alien Enemies'

A declassified assessment contradicts the president's assertion that Tren de Aragua is "closely aligned with" the Venezuelan government and acts at its "direction."

Jacob Sullum | 5.6.2025 5:15 PM

Statutory Interpretation

N.C. Court on Compensation for (Apparently Unauthorized) Forced Vaccination by School

The court concludes that the federal 2005 Public Readiness and Emergency Preparedness (PREP) Act preempts state battery claims, but not state constitutional law claims.

Eugene Volokh |The Volokh Conspiracy | 3.24.2025 8:41 AM

President Donald Trump in the Oval Office | Bonnie Cash/Pool via CNP/Polaris/Newscom

Immigration

Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms

To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.

Jacob Sullum | 3.21.2025 6:00 PM

Donald Trump speaking to a crowd | ID 171068133 © Triple I Ventures Llc | Dreamstime.com

First Amendment

Decrying First Amendment Threat, FIRE Will Defend Pollster Whom Trump Sued for 'Consumer Fraud'

The president-elect frivolously claims that J. Ann Selzer and The Des Moines Register owe him damages because of an erroneous preelection poll.

Jacob Sullum | 1.8.2025 10:15 AM

FCC

Sixth Circuit Rejects FCC's Open Internet Order as Inconsistent with Statutory Text

The unanimous panel has little difficulty concluding the FCC sought to exercise authority it did not have.

Jonathan H. Adler |The Volokh Conspiracy | 1.2.2025 12:22 PM

three sharks, likely blacktips, swim in clear blue water | Florida Shark Diving

Criminal Justice

2 Florida Men Who Thought They Were Freeing Illegally Caught Sharks Are Now Felons

Federal prosecutors argued that John Moore and Tanner Mansell stole property when they hauled in a fishing line they mistakenly believed had been set by poachers.

Jacob Sullum | 12.26.2024 2:10 PM

Donald Trump at the "Stop the Steal" rally that preceded the Capitol riot | Abaca Press/Gripas Yuri/Abaca/Sipa USA/Newscom

Supreme Court

SCOTUS Rejects a Legal Interpretation Underlying Capitol Riot Charges

The decision also negates two counts of the federal indictment accusing Donald Trump of illegally interfering in the 2020 presidential election.

Jacob Sullum | 6.28.2024 4:20 PM

Chevron | Chevron.

Executive Power

The Supreme Court's Decision Overruling Chevron is Important - But Less so than You Might Think

It won't end the administrative state or even significantly reduce the amount of federal regulation. But it's still a valuable step towards protecting the rule of law and curbing executive power.

Ilya Somin |The Volokh Conspiracy | 6.28.2024 2:07 PM

Sidewalk2 | NYC Department of Transportation

Property Rights

Wisconsin Supreme Court Rules Sidewalks are not "Pedestrian Ways" - thus Allowing Local Governments to Use Eminent Domain to Take Property to Build Them

The close 4-3 decision might well become a staple of textbooks.

Ilya Somin |The Volokh Conspiracy | 6.19.2024 10:09 PM

Collective Action Constitution | Oxford University Press.

Federalism

The Collective-Action Constitution in an Era of Polarization and Animosity: An Elegy?

Fifth in a series of guest-blogging posts.

Neil Siegel |The Volokh Conspiracy | 6.7.2024 10:30 AM

Priscilla Villarreal | Saenz Photography/FIRE

Police Abuse

A Texas Reporter Busted for Asking Questions Asks SCOTUS To Reject the Criminalization of Journalism

Priscilla Villarreal is appealing a 5th Circuit decision that dismissed her First Amendment lawsuit against Laredo police and prosecutors.

Jacob Sullum | 4.26.2024 4:20 PM

Trump supporters at the Capitol riot on January 6, 2021 | Shay Horse/Zuma Press/Newscom

Donald Trump

Most Justices Seem Skeptical of Charging Capitol Rioters With Obstructing an Official Proceeding

The Supreme Court's interpretation of the statute also could affect two charges against Donald Trump.

Jacob Sullum | 4.16.2024 5:30 PM

Arizona Supreme Court Justice John Lopez IV | Arizona Judicial Branch

Abortion

Critics of the Arizona Supreme Court's Abortion Ruling Seem Confused About What Judges Are Supposed To Do

The case hinged on statutory interpretation, not the merits of the state's 1864 ban.

Jacob Sullum | 4.11.2024 3:15 PM

Administrative Law

Department of Transportation Lacks the Authority to Require States to Set Greenhouse Gas Reduction Targets for Highways

A district court concludes that the Department of Transportation lacks the authority to force states to try and reduce greenhouse gas emissions associated with highway use.

Jonathan H. Adler |The Volokh Conspiracy | 4.8.2024 7:15 AM

Constitutional Interpretation

Vermeule and Casey Respond to Judge Rao on Textualism's Political Morality

Further debate on textualism, "common good constitutionalism," and the classical legal method.

Jonathan H. Adler |The Volokh Conspiracy | 8.23.2023 2:23 PM

Administrative Law

The Major Questions Doctrine "Reflects a Deeply Held Impulse in Common Law Adjudication."

The idea that greater assertions of executive authority require greater support than ordinary acts is not a new one.

Jonathan H. Adler |The Volokh Conspiracy | 7.8.2023 9:33 AM

Law & Government

Codifiers' Errors and 42 U.S.C. 1983

with relevance to both a 1980 precedent and a recent article by Alex Reinert

Will Baude |The Volokh Conspiracy | 6.12.2023 8:31 AM

Religion and the Law

The Overlooked Meaning of "Undue Hardship" in Title VII

James Phillips |The Volokh Conspiracy | 3.17.2023 10:14 AM

Guns

En Banc Fifth Circuit Denies Chevron Deference to ATF in Bump Stock Case

A majority of judges concluded the plain language of the statute does not apply to bump stocks, but they also would have denied Chevron deference had they found the statute ambiguous.

Jonathan H. Adler |The Volokh Conspiracy | 1.6.2023 9:06 PM

Guns

Bump Stock Ban Regulation Isn't Authorized by Federal Law, Says Fifth Circuit En Banc

Eugene Volokh |The Volokh Conspiracy | 1.6.2023 7:07 PM

Statutory Interpretation

California Chief Justice on Bumble Bees as Fish (and Statutory Interpretation More Broadly)

Eugene Volokh |The Volokh Conspiracy | 9.23.2022 11:07 AM

Supreme Court

Barrett v. Gorsuch

Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.

Jonathan H. Adler |The Volokh Conspiracy | 6.14.2022 7:42 AM

Endangered species

A Bee May Be A Fish (At Least in California) [Updated]

A state court rules that bumble bees may qualify as "fish" under the California Endangered Species Act

Jonathan H. Adler |The Volokh Conspiracy | 5.31.2022 9:16 PM

Statutory Interpretation

Should Courts Stop Using "Substantive" Canons of Construction?

A proposal from Justice Kagan.

Will Baude |The Volokh Conspiracy | 3.8.2022 6:23 PM

Supreme Court

Justices Spar Over How to Interpret the Armed Career Criminal Act

In Wooden v. United States, the justices were unanimous in the judgment, but expressed disagreement over the role of statutory history and the rule of lenity.

Jonathan H. Adler |The Volokh Conspiracy | 3.7.2022 10:34 AM

Supreme Court

Throw Out All the Canons? [Updated]

An interesting question from Justice Kagan.

Jonathan H. Adler |The Volokh Conspiracy | 2.23.2022 10:57 AM

Administrative Law

D.C. Circuit Concludes Trailers Are Not "Motor Vehicles"

A partially divided panel concludes the Environmental Protection Agency may not regulate trailers as “motor vehicles.”

Jonathan H. Adler |The Volokh Conspiracy | 11.12.2021 12:17 PM

2nd Amendment

The Parable of the Soldier at the Bank

on the proper role of legal corpus linguistics, by C'Zar Bernstein

Will Baude |The Volokh Conspiracy | 7.7.2021 10:47 AM

Supreme Court

Immigrant Seeking to Challenge Removal Prevails with Unusual Supreme Court Line-up

The Supreme Court's 6-3 decision in Niz-Chavez v. Garland is not what you might have expected, but it may be a sign of things to come.

Jonathan H. Adler |The Volokh Conspiracy | 4.29.2021 11:02 AM

Crime

Judge Amy Coney Barrett's Assorted Canards of Contemporary Legal Analysis: Redux

The Case Western Reserve Law Review has published Judge Barrett's 2019 Sumner Canary Memorial Lecture

Jonathan H. Adler |The Volokh Conspiracy | 9.8.2020 9:38 PM

Meaning

Volokh Conspiracy

Bostock v. Clayton County and the Debate over the Meaning of "Ordinary Meaning"

Both sides in the landmark employment discrimination decision agree that laws should generally be interpreted based on the "ordinary meaning" of their words. But they differ on what that entails.

Ilya Somin |The Volokh Conspiracy | 6.19.2020 11:25 PM

Supreme Court Justice Neil Gorsuch | Bob Daemmrich/Zuma Press/Newscom

Crime

Textualism and Purposivism in Today's Supreme Court Decision on Discrimination Against Gays, Lesbians, and Transsexuals

The decision in Bostock v. Clayton County is well-justified from the standpoint of textualism (a theory associated with conservatives), but less clearly so from the standpoint of purposivism (often associated with liberals).

Ilya Somin |The Volokh Conspiracy | 6.15.2020 5:43 PM

Administrative Law

The Ballad of FDA v. Brown & Williamson

How the FDA lost, and gained, jurisdiction over cigarettes -- to a Newfoundland fishing-boat tune

Sasha Volokh |The Volokh Conspiracy | 10.28.2019 3:55 PM

Supreme Court

Antitrust standing and Kavanaugh-versus-Gorsuch textualism

The Supreme Court's dueling opinions in Apple, Inc. v. Pepper raise interesting questions about textualist statutory interpretation.

Sasha Volokh |The Volokh Conspiracy | 5.14.2019 4:20 PM

Torts

Dog Nips Cow, Cow Tramples Man

If a statute imposes strict liability for dog bites, does that extend to a herding dog nipping at a cow that then trampled the plaintiff?

Eugene Volokh |The Volokh Conspiracy | 2.4.2019 11:06 AM

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