• Opinion

Obama undermined separation of powers by giving insurance companies illegal subsidies. Now Trump is making the situation worse.

  • Opinion

Why I joined a constitutional law casebook, which puts the Constitution back into constitutional law.

  • Analysis

An insightful 2014 article by Rick Pildes that helps inform judicial review of the Trump presidency.

  • Opinion

While the decision is a complete win for the plaintiffs for now, it leaves a lot undecided.

  • Opinion

It might be the difference between obeying the courts and defying them.

  • Opinion

Some thoughts on interpreting the Constitution as a whole, and the limits of doing so.

  • Opinion

Rep. Steve King proposes a bill that would bar the court from citing as precedent Hobby Lobby (the case allowing religious exemption to certain regulations under the Affordable Care Act), King (which dealt with federal exchanges under the ACA), and National Federation of Independent Business (which, among other things, upheld the individual mandate against constitutional challenge).

  • Opinion

A constitutional law question about President Trump keeps coming to mind.

  • Opinion

Judge Gorsuch makes a powerful case for reconsidering the Chevron doctrine, under which courts are required to defer to reasonable agency interpretations of ambiguous statutory provisions.

  • Opinion

The D.C. Circuit's opinion (by Judge Janice Rogers Brown) striking down a grant of regulatory authority to Amtrak was reversed by the Supreme Court last year. Now the D.C. Circuit has redecided the case -- the same way -- using arguments from my amicus brief.

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