Emergency Powers
Life as an Academic Defender of the Intuitively Obvious
AI-generated image. Academics are supposed to find counterintuitive, nonobvious ideas. That should be especially true for me, given that I hold many unpopular views, and am deeply opposed to populism of both the left and…
Trump’s Plan to Impose 50% Tariffs On Brazil Highlights Illegal and Harmful Nature of his Trade Policy
Brazilian flag. (NA) Earlier today, President Donald Trump announced he intends to impose 50% tariffs on imports from Brazil, citing that country's prosecution of former President Jair Bolsonaro, for the latter's…
Courts Can Check, and Have Checked, Executives’ Military Judgment
Last month, Brennan Center attorneys Katherine Yon Ebright and Leah Tulin, and I submitted an amicus brief in the Fifth Circuit case of W.M.M. v. Trump, opposing the Trump Administration's use of the Alien Enemies Act…
Federal Circuit Appellate Brief Filed in Our Tariff Case
NA Today, the Liberty Justice Center and I filed our appellate brief in VOS Selections, Inc. v. Trump, the case challenging Trump's massive "Liberation Day" tariffs. Our litigation team also now includes Neal…
Using the National Guard in DEA raids is the worst kind of drug war mission creep
The Trump administration deployed National Guard soldiers to assist the Drug Enforcement Administration (DEA) and other federal law enforcement agencies during a large-scale marijuana raid last week in a stunning example of…
Trump’s Iran Air Strikes and the Constitution
B-2 Bomber (Northrop Grumman). Yesterday, US warplanes struck three Iranian nuclear sites. President Trump did not make any effort to get advance congressional authorization for this action, or even to consult with…
The Ninth Circuit’s Flawed Decision Upholding Trump’s Federalization of the California National Guard
California National Guard members in Los Angeles. (Apex/Mega/DFBEV/Newscom) Yesterday, the US Court of Appeals for the Ninth Circuit issued a decision overturning a trial court ruling that had invalidated President…
How Trump’s Imposition of Massive Tariffs is Repeating the “Ship Money” Abuses of King Charles I
King Charles I (NA) Yesterday, there were massive nationwide "No Kings" protests against Donald Trump and his authoritarian tendencies. Like most political slogans, "No Kings" is an oversimplification.…
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