Yesterday, in Walmart v. Chief Administrative Law Judge, a unanimous panel of the U.S. Court of Appeals rejected Walmart’s challenge to constitutionality protecting Administrative Law Judges in executive branch agencies from removal without cause. In an extensive and quite thorough opinion by Judge Hull, joined by Judges Jordan and Jill Pryor, the court concluded that […]
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, a case brought by the Liberty Justice Center and myself, on behalf of five small businesses harmed by the tariffs. […]
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 attempt to stage a coup to keep himself in power after losing an election. Bolsonaro is a political ally of Trump’s. The incident highlights […]
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 also told multiple tech companies that they may openly violate the TikTok ban “without incurring any legal liability” because the Department […]
A prison guard transfers Alien Enemies Act deportees from the U.S., alleged to be Venezuelan gang members, to the Terrorism Confinement Center in Tecoluca, El Salvador. Mar. 16, 2025 (El Salvador Presidential Press Office)  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. […]
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 tariffs aimed at reducing drug trafficking and bilateral trade deficits. The Trump administration is now asking the U.S. Court of Appeals for the […]
It’s easy to forget that for more than five months, it has been the official position of the U.S. government that TikTok—the megapopular video sharing social media app owned by Chinese company ByteDance—must either be sold to another parent company or cease operating in the United States. In the intervening period, the government has simply […]
The Declaration of Independence. (National Archives.)  Today is July 4, and we appropriately celebrate the Declaration of Independence. The Declaration is best known for its ringing affirmation of the rights to “Life, Liberty and the pursuit of Happiness.” But it also contains a long list of grievances against King George III, by which the signers […]
Last Friday in Trump v. CASA, the Supreme Court concluded that federal judges do not have the power to grant “universal injunctions” against executive actions or federal legislation. Rather, it said, any “equitable remedies” in such cases must be limited to the named plaintiffs. On Wednesday, a federal judge in Washington, D.C., nevertheless issued an […]
AI-generated image. Today, in Refugee and Immigrant Center for Legal and Educational Services v. Noem, US District Court Judge Randolph Moss issued an important decision blocking Donald Trump’s January 20 “invasion” executive proclamation, which sought to foreclose nearly all pathways to legal migration and asylum applications for migrants crossing the southern border. Trump claimed the […]
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