Rule of Law
Trump says the courts have no business questioning his definition of ‘alien enemies’
When President Donald Trump invoked the Alien Enemies Act (AEA) against alleged members of the Venezuelan gang Tren de Aragua in March, he implicitly asserted that they were "natives, citizens, denizens, or…
Judges in Newsom-Trump suit reject claim that the president can use the National Guard however he likes
Last week, a federal judge in San Francisco issued a temporary restraining order against President Donald Trump's unilateral deployment of the California National Guard, saying that decision was illegal and…
Trump argues that he can take over a state’s National Guard whenever he wants
Federal courts have no role whatsoever in assessing President Donald Trump's decision to take control of the California National Guard, Assistant Attorney General Brett Shumate argued at a hearing before the U.S. Court…
Does the Senate Reconciliation Bill Contain a Threat to Judicial Independence? Or Is It a Welcome Limit on Universal Injunctions?
Last month I noted a provision in the "Big, Beautiful Bill" (sic) that would place limits on the issuance of preliminary injunctive relief against the federal government. The provision was apparenly inspired (at…
Trump’s unilateral takeover of the California National Guard exemplifies his lawlessness.
California Gov. Gavin Newsom argues that President Donald Trump's unilateral deployment of that state's National Guard was illegal and unconstitutional. On Thursday night, a federal judge in San Francisco agreed,…
Gavin Newsom sues Trump over unilateral National Guard deployment to L.A.
On Saturday, President Donald Trump instructed Secretary of Defense Pete Hegseth to deploy "at least 2,000 National Guard personnel" in response to protests against immigration raids in California. But according to…
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