Executive Power

June 13, 2025

Federal Court Rightly Invalidates Trump’s Illegal Federalization of California National Guard Troops

(Jeremy Hogan/ZUMAPRESS/Newscom) Earlier tonight, Federal District Court Judge Charles Breyer issued a ruling against President Donald Trump’s federalization of some 4000 California National Guard troops, for the ostensible purpose of quelling violent protests against ICE deportations in Los Angeles. Judge Breyer’s opinion strikes me as impressive and compelling, especially considering how quickly it was produced. […]

June 12, 2025

Prof. Michael McConnell on the Constitution and the President’s Calling out the National Guard

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; note that this is about the constitutional objection to the President’s actions, not about the particular statutory scheme that’s involved or about the wisdom of […]

June 12, 2025

Trump’s L.A. National Guard Deployment Stands on Shaky Legal Ground

President Donald Trump has unilaterally summoned thousands of members of the California National Guard into federal service in response to the protests and riots that have broken out in Los Angeles over his immigration crackdowns. But the federal law that Trump has cited in support of that National Guard deployment would seem to forbid the […]

June 11, 2025

The Trump Administration Is Escalating an Immigration Crisis It Promised To Resolve

During last year’s presidential campaign, Donald Trump and his allies promised to take swift action to resolve what they termed the “Biden border crisis”—the flow of asylum-seeking migrants across America’s southern border. Whether or not you agree with the premise that the border was a “crisis” under President Joe Biden, there’s pretty compelling evidence that […]

June 10, 2025

Federal Circuit Grants Government’s Motion for Stay Pending Appeal in Our Tariff Case

Earlier tonight, the US Court of Appeals for the Federal Circuit imposed a stay pending appeal temporarily blocking implementation of the Court of International Trade ruling striking down Trump’s “Liberation Day” tariffs, in the case filed by the Liberty Justice Center and myself on behalf of five businesses harmed by the tariffs. The stay […]

June 9, 2025

Defending the Court of International Trade Ruling Against Trump’s Tariffs—A Reply to John Yoo

(NA) In a previous post, I responded to Prof. Jack Goldsmith’s critique of the recent US Court of International Trade decision striking down Donald Trump’s massive “Liberation Day” tariffs in a case brought by the Liberty Justice Center and myself. In this one, I respond to a critique by UC Berkelely law Prof. John Yoo. […]

June 8, 2025

Defending the Court of International Trade Ruling Against Trump’s Tariffs—A Reply to Jack Goldsmith

(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 spectrum have supported the lawsuit challenging Trump’s “Liberation Day” tariffs brought by the Liberty Justice Center and myself, and backed the recent US […]

June 7, 2025

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 noted there is an alternative path to striking down the new travel ban: nondelegation doctrine. That path remains open because […]

June 6, 2025

This Virginia Small Business Is in Limbo As Owner Sues To Stop Trump’s Tariffs

Even after scoring a huge victory against President Donald Trump’s tariffs in federal court last week, David Levi still isn’t sure if his small business will survive the trade war. “It’s just been exhausting how uncertain it is,” Levi, who started MicroKits in 2020 to get more kids interested in the hands-on science of electrical […]

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