SCOTUS Draws a Hard Line on Tariffs

The Supreme Court’s recent decision striking down President Trump’s sweeping emergency tariff program wasn’t some vague procedural technicality. It was a direct constitutional confrontation over who has the authority to impose tariffs and how far a president can stretch an emergency statute to achieve economic policy goals. In Learning Resources, Inc. v. Trump, the Court…

Bond Hearings, Borders, and Biblical Justice

The recent federal court ruling requiring bond hearings for many detained migrants has added even more fuel to the immigration debate. A federal judge pushed back on a broad executive interpretation that effectively denied bond to wide categories of migrants, ruling that many are entitled to individualized bond hearings before an immigration judge. In plain…

History, Power, and the Peril of Governing by Spectacle

The controversy surrounding President Trump’s attempted National Guard deployments to major U.S. cities is not merely a skirmish over public safety policy. It is a revealing moment about how power is exercised, justified, and constrained in a constitutional republic, and about what happens when political theater collides with historical and legal reality. At its core,…

When Due Process and National Security Collide

Last Friday, Judge Jia M. Cobb, who serves on the bench in D.C., handed down a ruling that essentially hit the brakes on President Trump’s expanded expedited removal policy. For years, expedited removal has been on the books as a kind of fast-track deportation system. It was limited in scope: if someone was caught within…

Trump and Recess Appointments

The possibility of President-elect Donald Trump using recess appointments to bypass Senate confirmation and fill his Cabinet has sparked heated debate. Recess appointments, a tool enshrined in the Constitution, allow a president to temporarily fill positions when the Senate is not in session. While this strategy has been used by presidents of both parties, its…