Executive Power
Our Amicus Brief in the Section 122 Tariff Case
NA Earlier today, the Cato Institute and I filed an amicus brief in Burlap and Barrel, Inc. v. Trump, one of the cases challenging Trump's massive new Section 122 tariffs before the US Court of International Trade. The…
Federal judge says Trump can’t build White House ballroom without Congress
Since President Donald Trump announced his plan to replace the East Wing of the White House with an enormous ballroom last July, critics have raised several architectural objections. Among other things, they have complained…
Trump’s college sports executive order adds chaos to an already wild legal war
Hello and welcome to another edition of Free Agent! If you're pregnant and about to give birth, maybe avoid hockey games—or else your child might be known for getting born during a 5–1 drubbing. We're coming to you…
Did the Supreme Court abolish nationwide injunctions?
You may have heard that the U.S. Supreme Court killed off the practice of nationwide injunctions, the practice where a federal judge stops a federal policy from going into effect everywhere in the country while a single…
Trump’s second term shows checks on executive power are insufficient
Karl Marx said that when history repeats itself, we're supposed to get tragedy first, then farce. But Donald J. Trump has spent his life flouting all the rules. Why should we expect him to obey the historical dialectic?…
Revisiting the Church Committee Report in the Trump era
It's not a good sign when a 50-year-old Senate committee report on illegal government activities is relevant and timely enough for a new release. The Church Committee Report: Revelations from the Bombshell 1970s…
Trump’s ‘Liberation Day’ tariffs will never be legitimate without a vote in Congress
As the Supreme Court was striking down many of the tariffs that President Donald Trump tried to impose one year ago today—on what he called "Liberation Day"—Justice Neil Gorsuch called attention to the most…
Trump’s mercurial, constantly changing import taxes took U.S. businesses on wild ride
As President Donald Trump told it, his "Liberation Day" tariffs aimed to correct "unfair trade practices by other countries." But there was little rhyme or reason to the widely varying tariff rates he…
Trump keeps taking equity shares of private companies. A new GOP bill would codify the practice.
Since reentering office, President Donald Trump has taken equity shares in multiple private companies on behalf of the U.S. government. For example, after then-President Joe Biden awarded an $8.5 billion grant to Intel, Trump…
Trump’s ‘military operation’ wordplay can’t hide Iran war
Today marks 30 days since the U.S. bombed Iran, and there are still more questions than answers. What is the purpose? How long will it take to achieve victory? What does victory even look like? Last week, President Donald…
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