Who Should Defend Democracy? Matt Zwolinski responds to my critique of his earlier article on libertarianism and democracy. Reason · Oct 17
Our New Amicus Brief in the Section 301 Tariff Case The Cato Institute, Michael McConnell, and I filed an amicus brief in litigation challenging Trump's massive Section 301 tariffs, which use "forced labor" as a pretext for sweeping protectionism. Reason · Sep 14
Our New Federal Circuit Amicus Brief in the Section 122 Tariff Case The brief explains why the Section 122 tariffs are illegal and run afoul of the major questions and nondelegation doctrines. Reason · Sep 9
Trump Administration Claims Executive Privilege Over White House Conversations With Private Advisers Transparency advocates say it's the latest attempt to hide more of the executive branch's business from the public and congressional investigations. Reason · Aug 12
Cato Institute Podcast on Possible "Abundance Alliance" Between Libertarians and Abundance Liberals I took part along with prominent abundance liberalism advocate Jeremiah Johnson. Reason · Jun 26
Add It to the Tab Plus: Graham Platner scandal, L.A. can't get all their votes counted, Gowanus rezoned, and more... Reason · Jun 5
Defense Officials Undercut 'Imminent Threat' Narrative, Say Iran Had No Pre-Strike Plans Against US Senior defence officials challenge the Trump administration's claims of an imminent threat from Iran, raising political and legal questions. International Business Times UK · Mar 2
National Constitution Center "We the People" Podcast About the Supreme Court Tariff Decision I was one of the participants, along with Zach Shemtob (SCOTUSblog) and Julie SIlverbrook (NCC). Reason · Feb 27
Reflections on Lecturing in Mexico My first-ever visit to Mexico gave me some perspective on America's crucial neighbor. Reason · Dec 13, 2025
Philip Hamburger on "The Importance of Granting Cert in Canna Provisions v. Bondi" Columbia Prof. Philip Hamburger urges the Supreme Court to hear this caseand take the opportunity to overturn Gonzales v. Raich. Reason · Dec 6, 2025
A New Lawsuit Says New York's Rent Law Is Forcing Landlords To Keep Apartments Empty Landlords argue that rent caps on vacant units prevent them from financing the costs of legally mandated renovations. Reason · Nov 13, 2025
5 Legal Reforms To Consider as Government Officials Lean on Critics FIRE suggests laws to trim FCC power and protect free expression. Reason · Nov 12, 2025
Ilya Confusion At The Scalia Memorial Dinner Justice Barrett mentioned Ilya Somin, but meant Ilya Shapiro. Reason · Nov 7, 2025
Federal Court Appears Receptive to Arguments Against Unilateral Presidential Tariff Power President Trump’s invocation of emergency powers to impose tariffs faces skeptical judges. Reason · Aug 4, 2025
The Guardian - US · Jun 23, 2025 ‘Perpetual crisis mode’: how Trump uses emergency declarations to push radical agenda President’s dubious claims of ‘emergency’ threaten civic and political norms in authoritarian style, experts warn
Reason · Jun 10, 2025 Liberty Fund Symposium on "The Legacy of David Boaz" Continues There are now initial contributions by Andy Craig, Tarnell Brown, Aaron Ross Powell, Jonathan Blanks, and myself, plus response essays.
The Texas Tribune · Jun 9, 2025 Texas’ swift surrender to DOJ on undocumented student tuition raises questions about state-federal collusion Experts say Wednesday’s action to eliminate the long-standing policy could be a “collusive lawsuit,” where the state and feds worked the courts to get a desired outcome.
Reason · Jun 5, 2025 Correcting Some Media Misconceptions About Libertarianism, Trade, and Immigration [updated with apology/acknowledgement of error by Elie Mystal] Media coverage of our tariff case has mostly been fair and accurate. But there are a few examples of unfortunate misconceptions, mainly having to do with libertarianism and its relationship to conservatism.
Reason · May 21, 2025 Report: 50 Venezuelans Sent to Salvadoran Prison Entered the U.S. Legally, Contrary to White House Claims "It's not just one or two administrative errors," says the Cato Institute's David Bier.
Al Jazeera · May 11, 2025 Is due process different for undocumented immigrants as Trump claims? The US Constitution ensures all immigrants have due process, but rights depend on legal status and time spent in the US.
Reason · Mar 25, 2025 Justice Department Invokes State Secrets Privilege Over Deportation Flights The move is an escalation of the White House's attempt to claim an unchallengeable and unreviewable amount of power.
Reason · Mar 21, 2025 National Constitution Center Podcast on the Alien Enemies Act and Mahmoud Khalil Immigration Cases [Updated] The participants were Adam Cox (NYU) and myself.
The Independent UK · Mar 18, 2025 What happens if Trump continues to defy court orders? Trump could be on a path to contempt of court or his own impeachment, legal experts tell Alex Woodward. But nobody knows where a ‘dangerous moment for democracy’ is headed
Reason · Mar 4, 2025 Trump Tests the Limits of Executive Orders Making policy and passing laws is supposed to be difficult and should be left to the messy channels established by the Constitution.
Reason · Jan 24, 2025 Trump's Orders Feature Nonexistent Emergencies, Illegal Power Grabs, and Blatant Inconsistencies But at least he restored respect for a tariff-loving predecessor by renaming a mountain.