Nondelegation
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…
A Flawed, but Encouraging Nondelegation Decision
AI-Generated Image. In today's Supreme Court ruling in FCC v. Consumers Research, a 6-3 majority upheld the Federal Communications Commission's authority to impose levies on telecommunications carriers to support…
My New Just Security Article on the Nondelegation and Major Questions Doctrines
The Just Security website just published my article entitled "Nondelegation and Major Questions Doctrines Can Constrain Power Grabs by Presidents of Both Parties." Here is an excerpt:On May 28, the U.S. Court of…
My New Verfassungsblog Article Making “The Nondelegation Case Against Trump’s New Travel Ban”
(NA) Verfassungsblog just published my article "The Nondelegation Case Against Trump's New Travel Ban." This site is a prominent German academic forum devoted to analysis of public law issues. Here is an…
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…
