Executive Power
My New Dispatch Article on Judicial Review of Emergency Powers
Each of these efforts has resulted in litigation, and in each case the administration claims the issues in question are left to virtually unreviewable executive discretion. The president alone supposedly gets to determine…
After Trump’s unconstitutional orders, law firms are taking fewer pro bono clients
President Donald Trump reentered office in January promising retribution against those he felt had wronged him, either during his first term or in his interregnum. Making good on that pledge, Trump issued numerous executive…
Can Trump use emergency powers to tax all imports? His tariffs are back in court on Thursday.
On the day before President Donald Trump's next set of tariff hikes is set to materialize, a federal appeals court will grapple with the big, unanswered question underpinning the president's aggressive and…
Trump’s birthright citizenship order is unconstitutional, says appeals court
The U.S. Court of Appeals for the 9th Circuit on Wednesday rejected President Donald Trump's attempt to restrict birthright citizenship by reinterpreting the 14th Amendment. This is the first time that an appeals court…
Major Orange Juice Importer Files Lawsuit Challenging Trump’s Planned Brazil Tariffs
Brazilian flag. (NA) A major orange juice importer has filed a lawsuit in the US Court of International Trade challenging Trump's planned imposition of 50% tariffs on imports from Brazil: A U.S.-based juice company is…
Defending the Court of International Trade Ruling Against Trump’s Tariffs—A Reply to Estreicher and Babbitt
NA In a recent Just Security article, NYU law Prof. Samuel Estreicher and attorney Andrew Babbitt criticize the May 28 Court of International Trade ruling against Trump's IEEPA tariffs, in VOS Selections, Inc. v. Trump,…
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…
Trump won’t enforce the TikTok ban. Is that constitutional?
The U.S. Constitution requires the president to "take Care that the Laws be faithfully executed." Yet President Donald Trump has not only refused to enforce the federal law banning TikTok, but his administration has…
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…
Appeals court briefs say Trump’s tariffs are based on a statute that does not authorize tariffs
In May, the U.S. Court of International Trade (CIT) ruled that President Donald Trump exceeded his statutory authority when he invoked the International Emergency Economic Powers Act (IEEPA) to impose stiff, wide-ranging…
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