Executive Power
Trump’s L.A. National Guard deployment stands on shaky legal ground
President Donald Trump has unilaterally summoned thousands of members of the California National Guard into federal service in response to the protests and riots that have broken out in Los Angeles over his immigration…
Federal Circuit Grants Government’s Motion for Stay Pending Appeal in Our Tariff Case
Earlier tonight, the US Court of Appeals for the Federal Circuit imposed a stay pending appeal temporarily blocking implementation of the Court of International Trade ruling striking down Trump's "Liberation…
Defending the Court of International Trade Ruling Against Trump’s Tariffs
(Illustration: Eddie Marshall | Tupungato | Dreamstime.com | Chris Kleponis | CNP | picture alliance | Consolidated News Photos | Newscom) Many prominent legal scholars and former government officials across the political…
The Nondelegation Case Against Trump’s Massive New Travel Ban
(NA) In my previous post on Trump's massive new travel ban, I noted that the Supreme Court's badly flawed ruling in Trump v. Hawaii (2018) probably precludes challenges based on discriminatory intent. But I also…
Virginia-based MicroKits is in limbo as owner sues over Trump’s tariffs
Even after scoring a huge victory against President Donald Trump's tariffs in federal court last week, David Levi still isn't sure if his small business will survive the trade war. "It's just been…
The Legal Battle Over the Motion to Stay the Decision Against Trump’s Tariffs
President Donald Trump signed two executive orders on April 2 instituting tariffs on a wide range of countries. ( Andrew Leyden/ZUMAPRESS/Newscom) Last week, the US Court of International Trade issued a major ruling…
Federal judge orders relief for alleged gang members deported and imprisoned without due process
On April 7 in Trump v. J.G.G., the U.S. Supreme Court unanimously held that foreign nationals who allegedly are subject to immediate deportation as "alien enemies" have a due process right to contest that…
Michael McConnell on the Tariff Cases and their Significance
President Donald Trump signed two executive orders on April 2 instituting tariffs on a wide range of countries. ( Andrew Leyden/ZUMAPRESS/Newscom) Stanford law professor, leading conservative constitutional law scholar, and…
Trump’s haste begets lawlessness
Last week, a federal court ruled that President Donald Trump had exceeded his statutory authority by imposing a raft of tariffs based on the "national emergency" supposedly caused by the longstanding U.S. trade…
What J.D. Vance gets wrong about judicial deference to executive power
Vice President J.D. Vance thinks the courts have no business questioning President Donald Trump's use of a wartime law to summarily deport alleged criminal aliens during peacetime. "I think that the courts need to…
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