On Wednesday, the U.S. Court of International Trade (CIT) permanently enjoined President Donald Trump’s tariff orders that invoke the International Emergency Economic Powers Act (IEEPA). On Thursday, the U.S. District Court for the District of Columbia also enjoined Trump’s tariffs, but it did so on different grounds. How these cases proceed through their respective circuits […]
A group of civil rights and legal organizations say immigrant detainees being held at two federal detention centers are being denied their constitutional right to legal counsel. One of those detention centers is a Miami facility flagged by Reason earlier this week for allegations of overcrowding and dysfunction. In letters to the Trump administration released […]
[This is an excerpt from my 1995 Yale Law Journal article “Cheap Speech and What It Will Do,” written for a symposium called “Emerging Media Technology and the First Amendment.) Thirty years later, I thought I’d serialize the piece here, to see what I may have gotten right—and what I got wrong.] “[T]hough the perceived defects […]
President Donald Trump’s unilateral attempt at imposing tariffs has evolved into a quantum state. You probably already know that Trump has repeatedly threatened, imposed, paused, delayed, raised, lowered, and “chickened out” on various tariff plans. In the past 48 hours, things got even crazier. The Court of International Trade blocked most of Trump’s tariffs with […]
The Cyberlaw Podcast is back from hiatus – briefly! I’ve used the hiatus well, skiing the Canadian Ski Marathon, trekking through Patagonia, and having a heart valve repaired (all good now!). So when I saw (and disagreed with ) Orin Kerr’s new book, I figured it was time for episode 502 of the Cyberlaw Podcast. […]
Prof. Michael McConnell at the Stanford Law School, a leading constitutional law scholar (and former Tenth Circuit judge), passed this along, and I’m delighted to be able to post it: Two courts now have ruled that President Trump did not have authority to impose new tariffs on foreign imports under the International Economic Emergency Powers […]
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 be somewhat deferential,” Vance told New York Times columnist Ross Douthat. “In fact, I think the design is that they should […]
The Atlantic has just published my new article about  our win in the tariff case before the US Court of International Trade. It is entitled “A Victory for the Separation of Powers.” Here is an excerpt: Wednesday’s unanimous ruling against President Donald Trump’s expansive “Liberation Day” tariffs by the United States Court of International Trade […]
On Wednesday, Secretary of State Marco Rubio announced that foreign citizens who engage in online censorship of Americans’ speech will be barred from obtaining visas to travel to the U.S. The announcement is the latest in a series of muddled moves on free speech, with the Trump administration gleefully attempting to punish individuals for their […]
Six months ago, U.S.-Syrian enmity seemed locked in for good. Congress was set to renew the Caesar Civilian Protection Act, a set of economic sanctions designed to weaken the government of Bashar al-Assad by preventing postwar reconstruction. And it was only the latest in a set of economic sanctions imposed in 1979, when the U.S. […]