Neil H. Buchanan

Washington, D.C.

Freelance Contributor at Freelance

Blogger at Dorf on Law

Articles

The US Brain Drain and the World: Lose-Win Will Be a Net Loss

5 days ago | dorfonlaw.org | Neil H. Buchanan

There have recently been increasing reports about the migration of intellectuals out of the United States, along with a parallel decrease in foreign scholars moving to the US.
Is It Time to Become a Deficit Scold?

1 week ago | dorfonlaw.org | Neil H. Buchanan

Congressional Republicans are in the middle of negotiating and (possibly) passing an absolutely disastrous and cruel budget bill, with the only question being how many people it will impoverish, harm, and kill if it passes. One thing we do know is that any eventual bill will also result in larger annual budget deficits and thus a larger overall federal debt, which is what Republicans do when they are in power.
A Quick-ish Update on Social Security in the Post-Rational World

1 week ago | dorfonlaw.org | Neil H. Buchanan

Is Social Security "going broke"? Is it doomed? Is it a Ponzi scheme? No to all of those things. Two months ago, I returned to those questions in a two-part Verdict column and a complementary Dorf on Law column, emphasizing in particular Elon Musk's completely ignorant but predictable endorsement of the Ponzi scheme accusation.
Conservative Confusion on Taxing Universities and Encouraging Charities

2 weeks ago | dorfonlaw.org | Neil H. Buchanan

The budget bill that Republicans just passed in the House is simply terrible, and I will join in the chorus of criticism soon enough with a full column (or more) denouncing its overall awfulness. But in this relatively short column today, I will instead note two longstanding items on the Republicans' wish list that made their way into the current version of the bill and which will almost certainly survive to become part of whatever monstrosity is ultimately signed into law.
In Lieu of a "Last Lecture," I Offer These Thoughts

2 weeks ago | dorfonlaw.org | Neil H. Buchanan

Last Friday, Dorf on Law published a guest post, "A Message to Students: Fight for Democracy," which Professor Dorf described in his short editor's note as "an edited version ofBoston College Law Professor Kent Greenfield'sfinal lecture this past semester to his first-year constitutional law students." Professor Greenfield began his remarks by noting that this is the end of his thirtieth year teaching law, but his lecture was "final" in the sense of being the last of the semester, not of his...
The 'Let's Kill All the Lawyers' Error Is Hardly Unique in the Republican Hive Mind

3 weeks ago | dorfonlaw.org | Neil H. Buchanan

Ruling in the law firm Perkins Coie's suit against the US Justice Department, Judge Beryl Howell granted summary judgment and declaratory and permanent injunctive relief for the plaintiff. The judge's memorandum opinion was a bracing 102-page analysis of everything that is wrong with the executive order in question, which was one of the orders that directly punished lawyers for daring to practice law in a way that displeases Donald Trump and his minions.
"Your Washington Post subscription has been canceled"

3 weeks ago | dorfonlaw.org | Neil H. Buchanan

I copied the title of this column from the subject line of an email that landed in my inbox yesterday. It is not quite clear why an organization that presumably views itself as upholding the highest standards of English usage chose the passive voice -- OK, maybe this was a "retention" subcontractor -- but to be clear, my Washington Post subscription was canceled by me. I did it.
A Missed Opportunity for Performative Mercy at the White House

1 month ago | dorfonlaw.org | Neil H. Buchanan

Kilmar Armando Abrego Garcia has been in a foreign torture center since March 15, 2025. That is 54 days of not knowing whether he will be freed, and counting. Although his case is well known -- especially because the Trump Administration itself admitted in court that this deportation was the result of an "administrative error" -- he is hardly the only person who remains in one or another hellholes to which they have been sent by this White House, with no end in sight.
For Sale or Disposal After Canada's Election: One Party Leader, Heavily Used, Poor Condition

1 month ago | dorfonlaw.org | Neil H. Buchanan

Canada's election yesterday has dominated today's news in the US, mostly because it was such a stunning example of Donald Trump's reverse-Midas touch. Trump somehow managed to revive Canada's Liberal Party, turning this year's election from a near-certain rout of the incumbent party into a stunning victory by Prime Minister Mark Carney's Liberals. Not only did the Conservatives lose, but party leader (and would-have-been PM) Pierre Poilievre even lost his own seat in Parliament. By 4.6 points.
The Terrible Consequences of Messing With the Fed

1 month ago | dorfonlaw.org | Neil H. Buchanan

At least for now, Donald Trump has disavowed his recent statement that Federal Reserve Chair Jerome Powell's "termination cannot come fast enough." More accurately, even though he did in fact talk about Powell's termination and called him a "major loser," Trump now claims that he "never" planned to try to fire Powell, adding: "The press runs away with things." This reversal is not as good as it might seem, however, most obviously because Trump has shown on issue after issue (and whim after...