Emergency Powers
Our Amicus Brief in W.M.M. v. Trump
Yesterday, we filed our amicus brief in W.M.M. v. Trump, an Alien Enemies Act case currently before the en banc Fifth Circuit. I coauthored the brief, submitted on on behalf of the the Cato Institute, the Brennan Center for…
The Alien Enemies Act and the Major Questions Doctrine
A prison guard transfers Alien Enemies Act deportees from the U.S., alleged to be Venezuelan gang members, to the Terrorism Confinement Center in Tecoluca, El Salvador. Mar. 16, 2025 (El Salvador Presidential Press Office) …
‘Emergency’ has become Washington’s favorite loophole. It’s costing taxpayers $15 trillion.
In Washington today, the word "emergency" is a magic key; it unlocks powers Congress never granted, suspends the discipline of regular order and decorates bloated bills with provisions too dubious to pass on their…
Trump’s tariff tantrum against Canada proves he shouldn’t have that power
President Donald Trump imposed tariffs on nearly every other country earlier this year, seemingly based on little more than his own misunderstanding of how trade works. Officials in the U.S. and Canada recently engaged in…
Why the Supreme Court Should Stay Its Hand Rather Than Judge Perry’s Temporary Restraining Order
Members of the Texas National Guard assemble in Elwood, Illinois, at the Army Reserve Training Center in the southwest suburb of Chicago. ( Brian Cassella/TNS/Newscom) President Donald Trump's attempts to federalize…
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