Biden Escalates Trade War With China
A new national emergency declaration will allow for the creation of an outbound investment screening system targeting Americans' investments in China.
emergency declaration
Supreme Court Rules Against Biden's Student Loan Forgiveness Plan
The Court ruled the plan is illegal, and that at least one plaintiff (the state of Missouri) has standing.
Congress Warned About Abuses of Presidential Emergency Powers
Legislators from both parties worry about unilateral power, but they use it when it’s convenient.
North Carolina Governor Declares 'State of Emergency' Over Education Debate
The stunt comes days after Justice Gorsuch warned of officials addicted to emergency decrees.
The Perils of 'Rule by Indefinite Emergency Edict'
Supreme Court Justice Neil Gorsuch highlights a vital lesson from the COVID-19 pandemic.
Gorsuch Condemns 'Breathtaking' COVID Emergency Powers That Crushed Civil Liberties
"Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country," Gorsuch wrote. That might be an exaggeration, but it isn't far off.
There Is No Party of Immigration in American Politics
Plus: A listener question concerning the key to a libertarian future—should we reshape current systems or rely upon technological exits like bitcoin and encryption?
Is Biden Replacing Bad Border Policy With Worse Border Policy?
Plus: Schools suing social media companies, a bitcoin mining tax is a bad idea, and more...
The End of Title 42 Expulsions of Migrants—and What Comes Next
Title 42 expulsions caused great harm for very little benefit. Biden plans to replace them with a combination of policies, some good and some very bad.
Fauci and Biden Are Rewriting the History of COVID-19 Restrictions
Here are three people whose record on COVID-19 shouldn't be forgotten.
WHO Declares Global COVID-19 Public Health Emergency Over
It's been over for most Americans for a long time already.
Biden Catches Up to Rest of Country, Ends COVID-19 National Emergency
The president signed a Republican-sponsored resolution ending the national emergency declared by President Donald Trump.
The COVID-19 Pandemic Permanently Damaged Property Rights
Officials used the crisis to impose policies they already supported but couldn't get through the normal legislative process, like bans on evictions.
The Politics of "The Last of Us"
The message of the hit new series cuts across conventional ideological lines - and features a highly skeptical view of government.
Thoughts on Today's Supreme Court Student Loan Forgiveness Oral Arguments
The justices seem to be clearly leaning against the Biden Administration on the merits. The procedural issue of standing is a closer call, though ultimately more likely than not to come out the same way.
Biden's New Trump-Lite Asylum Policy Proposal
It's less bad than Trump-era efforts along the same lines. But saying that is damning with faint praise.
My New SCOTUSblog Article on the Loan Forgiveness Cases Currently Before the Supreme Court
The article explains the broader issues at stake in these cases, and why the Court would do well to rule against the administration.
Will Litigation Over Title 42 "Public Health" Migrant Expulsions Soon Become Moot When Biden Ends the Covid Emergency?
If so, Title 42 expulsions might finally end. But it's not a done deal yet.
Is Arizona v. Mayorkas Moot?
The Biden Administration suggests that the Title 42 case before the Supreme Court will be moot before it is decided.
Video of Federalist Society Panel on "What are the Limits of Executive Emergency Powers"
The panelists included Elizabeth Goitein (Brennan Center, NYU), Daniel Dew (Pacific Legal Foundation), and myself.
Biden Mistakenly Imagines That Congress Approved His Student Debt Cancellation Scheme
The lack of statutory authority is the main issue raised by legal challenges to the plan.
Gavin Newsom Cites Dubious Evidence That His Lockdowns Saved California's Economy
The governor made these claims on Monday while also putting a February 2023 end date on the state's emergency public health order.
If the Pandemic Is Over—And It Is—Then Biden's Emergency Powers Should End Too
But Biden can't forgive billions of dollars in student loans if the COVID-19 national emergency is over.
After 975 Days, Washington's Governor Will Finally Relinquish His Emergency Pandemic Powers
Gov. Jay Inslee says Washington state's COVID-19 emergency will finally come to an end on October 31.
Biden's Student Loan Debt Cancellation is a Trumpian Abuse of Emergency Powers
Like Trump's policy, it's an illegal usurpation of Congress' power of the purse under a dubious emergency power pretext.
Lawsuit: Orlando Rent Control Proposal Is Illegal
Florida landlords and realtors argue that Orange County is abusing its emergency powers.
Another NIMBY Lawsuit Seeks To End New York City Outdoor Dining Program
Several dozen NYC residents want to repeal the regulations allowing outdoor dining in the city.
Monkeypox Cases Continue To Spread Across the U.S. as 3 States Declare Emergencies
They're trying to pressure the federal government into getting organized about vaccines.
President Biden Asserts 'Climate Change Is an Emergency'
But does not declare that it is a "national emergency."
Not Everything Is a National Emergency
If the National Emergencies Act goes without reform, presidents will continue to misuse emergency declarations as leverage to shift Congress.
California's Terrible Price-Gouging Law Puts Markets at Mercy of Ambitious Prosecutors
Higher egg prices are not a crisis in the middle of a pandemic full of supply problems.
Washington Legislature Won't Limit Gov. Jay Inslee's Indefinite, Dictatorial COVID Emergency Powers
Then why even have a legislature?
Florida Gov. Ron DeSantis Rules Out New Round of Lockdowns, Mask Mandates
The governor signed a bill in May limiting the power of state and local officials to impose emergency public health orders.
Bipartisan Bill Would Limit Presidential War Powers and Emergency Declarations
The bill is the most far-reaching recent proposal of its kind.
Andrew Cuomo Declares a Gun Violence 'Disaster Emergency' and Signs a Bill That Invites Lawsuits Against Firearm Suppliers
New York's new law seems to conflict with a federal statute that protects manufacturers and dealers from liability for gun crimes.
Legislators Demand a Voice in Public Health Restrictions
The COVID-19 pandemic showed the dangers of letting governors unilaterally, dramatically, and indefinitely magnify their own powers.
Gov. Gavin Newsom Clings to COVID-19 Emergency Powers
The state is scheduled to ease its lockdowns on June 15. But Newsom still wants the power to control the terms.
Pennsylvanians Voted To Limit Their Governor's Emergency Powers
Voters in Pittsburgh banned no-knock police raids and solitary confinement too.
COVID-19 Is Leading State Lawmakers To Finally Restrain Governors' Emergency Powers
Even during a pandemic, major changes to laws and policies should be funneled through state assemblies.
Justin Amash Introduces Bill To End Forever National Emergencies
Current law can allow the president to route around Congress indefinitely.
Amy Coney Barrett's "Suspension and Delegation"
As a professor, Judge Barrett expressed a skepticism of Executive Power that is uncommon among Republican nominees.
America Wasn't Ready for Coronavirus
Early takeaways from the country's response to a pandemic
U.K.'s Response to Coronavirus: Loosen Some Regulations While Demanding More Authority
If this is to respond to a temporary crisis, why do these powers last for two years?
Presidential Power and the Wall
An amicus filing in the case challenging the Emergency Declaration's diversion of funds towards building the Wall
Trump Changes His Mind About Turkey and Hopes Steel Tariffs Will Stop the Slaughter
Plus: Snowden warns about encryption threats, Libertarians fight for ballot access, and more...
Federal Court Rules Trump Cannot Use Defense Funds to Build Border Wall
The first court decision on Trump's plan to reallocate federal funds to "build the wall" goes against the administration.
What the Heck, Ben Sasse?
Sasse tarnished his reputation as a thoughtful, independent, constitutional conservative by supporting Trump's emergency declaration.