It has been nearly a decade since Justice Elena Kagan summarized the judicial interpretation zeitgeist by noting that “[w]e’re all textualists now.”[1] And while it may be that textualism is a predominate form of statutory interpretation, and Congress is presumed to give words their plain meaning, those words—perhaps to the surprise of their drafters—are not always…

“It’s tough to make predictions, especially about the future,” a Yankee skipper informed us. And more apt for this journal, the greatest lawyer of the ancient world relates “Vetus autem illud Catonis admodum scitum est, qui mirari se aiebat quod non rideret haruspex haruspicem cum vidisset.” And if we are to follow the elder Cato’s…

The Supreme Court will consider the propriety of nationwide injunctions next week in three consolidated cases involving challenges to President Donald Trump’s executive orders purporting to end birthright citizenship. The flurry of nationwide injunctions since Trump’s re-election creates the impression that the issue before the high court is a political one. It is not. Rather,…

A small business in Florida is facing illegal tariffs imposed by the Trump administration on imports from China and other countries. Our organization, the New Civil Liberties Alliance, has filed a lawsuit in federal court because these tariffs are unlawful. The company is named Simplified. It was founded by CEO Emily Ley and sells premium…

The media has noted President Trump’s termination of inspectors general from more than a dozen federal agencies but has overlooked a larger threat to presidential control of the executive branch. Congress intentionally insulated the Council of the Inspectors General for Integrity and Efficiency from presidential control, essentially leaving it accountable to no one. Cigie—pronounced “Siggy”—is…

“They’re not coming after me, they’re coming after you, and I’m just standing in the way.” President Trump, while varying the formulation, regularly jibes that sentiment when speaking to Americans. Mr. Trump, moreover, has never been more correct in his assessment than now. The “they,” however, is no longer Democrats, the Deep State, or even…