Geert Wilders ‘Wins’ Dutch Elections

The trend toward hard-right parties continues.

What’s ‘Political Dysfunction’?

I know it when I see it.

Disinformation and Free Speech

How far should the government be able to go?

Trump’s Three Trials

The former president faces multiple criminal prosecutions.

Scalia Law School is Conservative!

The New York Times looks into ties between a DC area law school and the Supreme Court.

Biden Student Loan Forgiveness in Danger

The Supreme Court’s conservative majority is signaling an unfavorable ruling.

Yellen Again Rejects Trillion Dollar Coin

A silly workaround to an infuriating problem that won’t go away.

On American Parties

More on primaries with a foray into Madison and the general politics of power-seekers and incentives.

Of Laws and Men

Our system lacks accountability.

Could Trump Face Criminal Charges for January 6 Actions?

The head of the House investigatory committee seems to think so.

Biden Fires ‘Independent’ Social Security Administrator

President Trump’s destruction of longstanding norms continues under his successor.

Sinema’s Misunderstanding of the Senate (and of Basic Politics)

The post really isn’t about Sinema as much as it about a theory of poltiics.

Official White House Photo by Shealah Craighead Official White House Photo by Shealah Craighead

America’s Slow Presidential Transitions

Why isn’t Joe Biden President already?

Gridlock is not a Feature, it is a Bug

Gridlock doesn’t mean government stops. It just shifts who is governing.

Majority Rule, Plurality Rule, and Minority Rule

Definitions are fun, right?

Is Federalism the Real Problem?

A fundamental building block of our system makes it nearly impossible to fix.

The Hollowed-out Party

The platform decision is emblematic of a Trump-led party.

SCOTUS: Trump Not Above Law, Must Release Taxes

A mixed ruling: New York wins, Congress loses–but no release before the election.

SCOTUS Rules Asylum Seekers Can’t Challenge Rejection in Court

A 7-2 decision by the highest court in the land is less decisive than the numbers suggest.

American Gerontocracy

Is being ruled by the elderly a bad thing?

A Quote to Ponder

On presidents

Trump’s Acquittal and American Democracy

Has this precedent permanently damaged the country? Or is it just politics as usual?

Our Constitutional Crisis

To defang impeachment is an invitation for presidents to ignore the rule of law.

Checks and Balances are not What they are Cracked up to be

Alliance to party trumps alliance to branch.

Two Federal Courts Hand Trump Defeat On Border Wall

Two Federal Courts have blocked the Administration from diverting Defense Department funds to pay for the President’s border wall

House Intelligence Committee Releases Impeachment Inquiry Report

The House Intelligence Committee has released its report resulting from its investigation of the Ukraine scandal.

Federal Court Rules Against White House On Witness Subpoenas

A Federal Judge in Washington, D.C. has ruled against the Trump Administration’s latest effort to stonewall Congressional inquiries.

This is What Support for Authoritarianism Looks Like

Rich Lowry puts preferred outcomes over constitutional process.

Federal Court Deals Another Blow To Trump’s Efforts To Keep Tax Records Private

The D.C. Circuit Court of Appeals dealt President Trump another setback in his effort to keep his financial records out of Congressional hands.

Federal Judge Strikes Down Trump’s Diversion Of Funds To Border Wall

A Federal Court has struck down the President’s diversion of funds for his border wall.

Is Impeachment “Overturning” an Election?

When the facts make for a poor defense, attack the process.

Pelosi Wants Law Allowing Indictment of Presidents

A wrongheaded solution for a legitimate problem.

The US Nomination Process: Candidate over Party

In the US, the candidate defines the party, not the other way around.

Puerto Rico Has A New Governor. Maybe.

Embattled Governor Ricardo A. Rosselló has stepped down but succession issues surround the man who took the oath of office late yesterday.

RBG Speaks Out Against Court Packing Schemes

Ruth Bader Ginsburg isn’t very impressed by the proposals made by several liberal politicians lately to increase the size of the Supreme Court to counterbalance the conservative tilt created by the Gorsuch and Kavanaugh confirmations.

Supreme Court Backs Trump On Border Wall Funding, For Now

The Supreme Court handed the President a victory last night, ruling that the Plaintiffs in a lawsuit challenging his funding of the border wall did not have standing to challenge his diversion of Defense Department funds. This may only be a temporary victory, though.

John Paul Stevens, Former Supreme Court Justice, Dies At 99

Just over nine years after retiring from the Supreme Court, former Associate Justice John Paul Stevens has passed away at the age of 99.

Trump Emoluments Suit Dismissed Over Standing

A federal appeals court has ruled that DC and Maryland officials have no right to bring the suit.

Appeals Court Upholds Ruling Barring Emergency Funding For Trump’s Border Wall

Another court loss for Trump and his border wall.

No, the Supreme Court isn’t about to Stop Congress from Delegating to the Executive

A law professor reads too much into a cryptic concurrence.

Justin Amash Leaves GOP with BothSides Op-ed

The Republican Party is ruining the country. But so are the Democrats?

Trump Administration Stonewalls Another Congressional Committee

The President is once again claiming Executive Privilege to prevent Congress from getting access to certain documents.

Federal Judge Blocks House Lawsuit Over Border Wall Funding

A Federal Judge in Washington, D.C. dismissed a lawsuit against Trump “national emergency” to fund the border wall, but his ruling did not reach the merits of the lawsuit’s claim.

Judge Orders Halt To Trump’s ‘National Emergency’ Border Wall Funding

A Federal Judge has put at least a partial hold on President’s Trump’s effort to use a “national emergency” to fund his border wall.

Trump Wants End to National Injunctions from Lower Courts

A longstanding legal question may finally come to a head.

Trump Invokes Executive Privilege Over Release Of Full Mueller Report

In an effort to block the release of the full report of Special Counsel Robert Mueller, the Trump Administration is invoking Executive Privilege.

On Angels, Ambition, and Institutions

More Madisonian musing on the current state of our constitutional order.

Back to Ambition Countering Ambition

Back to Fed 51 and this moment in oversight: we have to remember what ambitions drive politicians.

Partisanship, Separation of Powers, and the Limits of Oversight

As I have noted before: party trumps institutional pride. The Barr testimony is just another example.

Trump Claims He’d Take Impeachment To The Supreme Court, But He Can’t

President Trump claims that he’d challenge any effort to impeach him in court, but the law makes clear that he can’t.