Video of National Constitution Center Conference on "2026 Supreme Court Review: Key Decisions, Executive Power, Civil Discourse"
Three different VC bloggers were among the speakers: Jonathan Adler, Keith Whittington, and myself.
Emergency Powers
My New Liberalism.Org Article on "Liberalism's Uneasy Relationship with Democracy"
The article addresses the interlinked problems of widespread voter ignorance, tyranny of the majority, and illiberal anti-democratic movements coming to power through elections.
Video of my Bruno Leoni Institute (Milan) Talk on the Supreme Court Tariff Decision and its Implications
I gave the talk earlier this week.
Unitelma Sapienza University Talk and Interview About "Threats to Liberal Democracy in the United States - And How To Counter Them"
Videos of my presentation and interview on this topic at a major Italian university.
US Court of International Trade Rules Against Trump's Section 122 Tariffs
The 2-1 decision concludes Trump's massive new tariffs are illegal because there is no "balance of payments deficit" of the kind needed to authorize them.
Rethinking Conservative Approaches to Executive Power
Conservative legal commentator Gregg Nunziata outlines reasons why conservatives should reject broad views of executive power.
Thoughts on Today's Oral Argument in the Section 122 Tariff Cases
The outcome is unclear. But the judges seemed skeptical of the Trump Administration's claims that Section 122 grants them sweeping tariff powers.
Seattle University "Dean's Luminaries in Law" Interview on Immigration, Invasion, the Tariff Case, and More
I was interviewed by Seattle University Law School of Law Dean Tony Varona and Prof. Andrew Siegeil.
How Will Congress Fund a $300 Billion War With Iran?
Lawmakers used to offset its emergency spending. They don't anymore.
Andrew Kent on the Alien Enemies Act
His work further demonstrates that the AEA cannot be used in response to illegal migration or drug smuggling, but only when there is a military attack.
Liberty Justice Center Files Lawsuit Challenging Trump's Section 122 Tariffs
LJC is the group with which I worked on the IEEPA tariff case decided by the Supreme Court.
National Constitution Center "We the People" Podcast About the Supreme Court Tariff Decision
I was one of the participants, along with Zach Shemtob (SCOTUSblog) and Julie SIlverbrook (NCC).
Society for the Rule of Law Podcast About the Tariff Decision
Gregg Nunziata interviewed me.
My New Boston Globe Article on Why "Trump's New Tariffs are Another Dangerous Presidential Power Grab"
The article explains why the new Section 122 tariffs are illegal, and courts should strike them down, when (as is likely) lawsuits are filed against them.
My New Dispatch Article on the Tariff Decision, its Implications - and a Key Issue the Court Did Not Resolve
The Court stopped a massive presidential power grab, but did not resolve a crucial issue about judicial review of executive use of emergency powers.
Andrew McCarthy on "Why Trump's Section 122 Tariffs Are Illegal"
The prominent conservative legal commentator outlines the case against Trump's latest tariff power grab.
My New Atlantic Article About Our Win in the Tariff Case
It covers many issues raised by the decision.
Supreme Court Decides Our Tariff Case - and We Won!
In a 6-3 decision, the Court ruled that the International Emergency Economic Powers Act does not authorize tariffs.
Trump Imposed 39 Percent 'Emergency' Tariffs When Switzerland Hurt His Feelings
The story is an exercise in pettiness but also a perfect reason why Congress and the Supreme Court should limit the president's power grab.
Updated Version of My Article "Immigration is Not Invasion"
It is now up on SSRN, and also under submission to law reviews.
The Case Against Deferring to Presidential Invocations of the Insurrection Act
Prof. Josh Braver questions the conventional wisdom on this issue.
Could the President Invoke the Alien Enemies Act in Response to the "British Invasion" of Rock Stars Like the Beatles?
In a crucial appellate court oral argument, the Trump Administration admits that their position says the answer is "yes." The exchange highlights the dangers of judicial deference on judicial invocation of extraordinary emergency powers.
Revised and Updated Version of My Article "Immigration is Not Invasion"
It is now available on SSRN. The revision adds additional evidence, and takes account of various recent events, including Trump's military intervention in Venezuela.
Thoughts on the Supreme Court Ruling Against Trump in the Illinois National Guard Case
The decision is a preliminary "shadow docket" ruling. But it strongly suggests the majority believes Trump's use of the Guard is illegal.
Our Amicus Brief in W.M.M. v. Trump - En Banc Fifth Circuit Alien Enemies Act Case
I coauthored the brief on behalf of the the Cato Institute, the Brennan Center for Justice, legal scholars Geoffrey Corn and John Dehn, and myself.
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.
'Emergency' Has Become Washington's Favorite Loophole. It's Cost Taxpayers $15 Trillion.
Over the last decade, roughly one in every 10 dollars of budget authority has worn an emergency tag.
Trump's Tariff Tantrum Proves He Shouldn't Have That Power
The Supreme Court is set to hear arguments in November on whether Trump's use of tariffs is constitutional.
Deference Due? Trump, the National Guard, and the Misuse of Martin v. Mott
A guest post by Joshua Braver and John Dehn.
Fifth Circuit Will Rehear Alien Enemies Act Case En Banc
It will review a panel decision holding that Trump could not invoke this sweeping wartime authority by claiming illegal migration and drug smuggling qualify as an "invasion."
Supreme Court Will Hear Our Case Challenging Trump's Tariffs - and Two Other Related Cases
The cases will be considered on an accelerated schedule.
The Government's Cert Petition to the Supreme Court in Our Tariff Case - and Our Response
We agree the Court should take the case and resolve it as quickly as possible, to minimize the harm caused by the illegal tariffs.
Fifth Circuit Rules Trump's Use of Alien Enemies Act is Illegal
The 2-1 ruling is in line with most previous court decisions on Trump's invocation of the AEA. Judge Oldham wrote an extremely long, but significantly flawed, dissent.
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.
After Another Delay, Trump's China Tariffs Look Even Less Like a Legitimate 'Emergency'
The words national emergency are not a magic spell that presidents can utter to unlock unlimited legislative powers for themselves.
Are Trump's Tariffs Responding to an Actual Emergency?
If so, then why postpone any enforcement until October?
Today's Federal Circuit Oral Argument in Our Tariff Case
Outcomes are hard to predict. But the judges seemed skeptical of the administration's claim that the president has virtually unlimited power to impose tariffs.
My New Dispatch Article on Judicial Review of Emergency Powers
It makes the case for strong judicial review of executive invocations of sweeping emergency powers.
Trump's Trade Deals Won't End the Harm Caused by His Tariffs
In each case, tariffs remain much higher than they were before the deals.
Mark Graber on the History and Original Meaning of the Militia Act of 1903
Graber shows that the act used by Trump to federalize the California National Guard does not allow the president to take this step in response to low-level violence and disorder.
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.
Life as an Academic Defender of the Intuitively Obvious
Academics are supposed to discover nonobvious, counterintituitive truths. But, especially in recent years, much of my work involves defending positions that seem obvious to most laypeople, even though many experts deny 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.
Courts Can Check, and Have Checked, Executives' Military Judgment
Katherine Yon Ebright and Leah Tulin of the Brennan Center make the case against judicial deference to Trump's invocation of the Alien Enemies Act of 1798.
