Federalism
Congress Does Not Come Back With a Warrant
Plus: A listener asks the editors for examples of tasks the government does well (yikes).
New Federal Rules for Independent Contractors Will Destroy Freelancers' Livelihoods
A similar law in California had disastrous consequences.
Trump's Abortion Stance Is Convenient, but That Does Not Mean He's Wrong
His embrace of federalism is one of those rare instances when political expedience coincides with constitutional principles.
Embracing a Federalist Approach to Abortion, Trump Condemns Democrats As 'Radical'
The former and would-be president is keen to avoid alienating voters who reject both kinds of extremism on the issue.
Biden's Inaccurate and Inadequate Lip Service to Marijuana Reform Ignores Today's Central Cannabis Issue
The president has not expunged marijuana records or decriminalized possession, which in any case would fall far short of the legalization that voters want.
After 17 Years, Feds Stop Trying To Imprison a Licensed Medical Marijuana Provider
Charlie Lynch’s ordeal is a vivid reminder of a senseless prohibition policy that persists thanks to political inertia.
Supreme Court Unanimously Rules That States May Not Disqualify Trump As an Insurrectionist
Three justices who concurred in that judgment accuse the majority of trying to "insulate all alleged insurrectionists from future challenges" by going further than necessary.
Utah Tells the Feds To Pound Sand
The Beehive State joins a growing wave of defiance aimed at Washington, D.C.
Thoughts on the Supreme Court Oral Argument in the Trump Section 3 Case
The justices might well overrule the Colorado Supreme Court on the grounds that only Congress has power to enforce Section 3 of the 14th Amendment. Such a ruling would be a serious mistake.
No, Texas Has Not "Defied" The Supreme Court
Perhaps Governor Abbott will flout a directive from the Supreme Court in a future case, but reports of Texas "defying" the Supreme Court are bunk, and many making such claims should know better.
The Newly Unveiled HHS Rationale for Rescheduling Marijuana Underlines Drug Warriors' Dishonesty
The points about marijuana's risks and benefits that the department now concedes were clear long before last August.
My Forthcoming Article on "Empowering Hispanics to Vote With Their Feet"
It's part of the annual Frankel Lecture symposium in the Houston Law Review.
My Contribution to Brennan Center Symposium on the Most Significant State Constitutional Cases of 2023
I focus on the Washington Supreme Court's flawed decision holding an eviction moratorium is not a taking of private property.
My Forthcoming Publius Review of Christopher Zurn, "Splitsville, USA: A Democratic Argument for Breaking Up the United States"
The book argues democracy can be preserved and improved by breaking up the United States into two or more new nations.
Justice O'Connor's Parting Dissents Highlighted the Twin Perils of Local Tyranny and Federal Overreach
The late Supreme Court justice eloquently defended property rights and state autonomy.
Sandra Day O'Connor, RIP
She was the first woman Supreme Court justice, and played a key role in changing the Court's jurisprudence for the better on several issues.
New Edition of "Freedom in the Fifty States"
The Cato Institute recently published the latest edition of its ranking of personal, economic, and overall freedom in the states.
Written Version of My Talk on "How Federalism Promotes Unity Through Diversity"
This speech, which I gave at a Federalist Society conference, is now available in a written version on SSRN. It will be published by the Harvard Journal of Law and Public Policy.
Trump's Abortion Triangulation Makes Political Sense but Belies His 'Pro-Life' Pose
The former president is right to worry that supporting restrictions on abortion could hurt him in the general election.
Interstate Travel to Get Abortions has Prevented the Dobbs Decision from Significantly Reducing the Number of Abortions in the US
Some estimates suggest the number of abortions has even increased.
A Conservative Constitutional Argument Against a National Abortion Ban
Conservative legal scholar William Hodes argues that federal restrictions on abortion are beyond the scope of Congressional power.
Why Israelis Are Taking to the Streets
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
'Freedom Conservatism' Statement of Principles Shows the New Right Isn't the Only Game in Town
A new document with more than 80 signatories puts liberty, not government, at the heart of the conservative movement.
My New Brennan Center Article on Tyler v. Hennepin County and the Cross-Ideological Case for Stronger Judicial Protection for Constitutional Property Rights
The Tyler home equity theft case is just the tip of a much larger iceberg of property rights issues where stronger judicial protection can protect the interests of the poor and minorities, as well as promote the federalist values of localism and diversity.
'Cash Is Independence': Ron DeSantis Slams the Government's Plan for Centrally-Controlled Digital Money
"If you don't trust central authority, then you should see this immediately as something that is very problematic," says the Florida governor.
Federal Zoning Bill Would Preempt Local Parking Mandates
The legislation would give property owners "sole discretion" in deciding how many parking spaces they want to build.
Is Clarence Thomas Ethically Challenged?
Plus: What the editors hate most about the IRS and tax day
Debate: It's Time for a National Divorce
Are political breakups really as American as apple pie?
My New Article "Abortion and Foot Voting in Post-Dobbs America: Prospects for Change"
Second in a two-part series published by Australian Outlook, a publication of the Australian Institute for International Affairs.
Oil Companies Fail to Convince the Eighth Circuit Climate Cases Should Be Removed to Federal Court (Updated)
The Eighth Circuit joins the First, Third, Fourth, Ninth, and Tenth in rejecting the arguments for removal, but Judge David Stras writes an interesting concurrence.
My New Article on "Abortion and Foot Voting in a Post-Dobbs America"
It examines whether people are likely to "vote with their feet" based on interstate differences in abortion policy, after Dobbs. The first in a series of two articles on this topic.
Federal Court Issues Flawed Decision Striking Down Missouri Gun Sanctuary Law
The ruling has significant shortcomings and may be overruled on appeal. The Biden Administration's position in this litigation is wrong for much the same reasons as the Trump Administration was wrong to target immigration sanctuaries.
Biden Embraces the Fearmongering, Vows To Squash D.C.'s Mild Criminal Justice Reforms
In rebuking the legislation, the president showed that he may not know what's in it.
Two GOP Governors Endorse State-Sponsored Immigration Visas
The idea has limitations, but would be a major improvement over the status quo.
Studies Find Conservatives More Committed to Free Speech Online, Federalism
Plus: Government regulation of speech is on trial, biohackers flock to experimental charter city in Honduras, and more…
Eleventh Circuit Becomes Second Federal Appellate Court to Strike Down Tax Mandate Condition in 2021 Covid Stimulus Bill
Like the Sixth Circuit before it, the Eleventh ruled that the requirement that states receiving stimulus money refrain from cutting taxes was never clearly authorized by Congress.
Rand Paul Complains That Democrats Squandered Their Opportunity To Enact Marijuana Reforms
The prospects in the next session, when Republicans will control the House, are iffy.
Chuck Schumer Scrambles To Save the Marijuana Banking Bill He Blocked Last Year
The Senate majority leader is suddenly keen to pass legislation that he portrayed as a threat to broader reform.
Republicans Will Have To Rely on New Deal–Era Court Precedents If They Want a Federal Abortion Ban
The Supreme Court said in 1942 that local activity, not just interstate activity, was subject to congressional regulation.
Sixth Circuit Concludes ARPA Condition on COVID Relief Violates Spending Clause
The U.S. Court of Appeals for the Sixth Circuit concluded some state challenges to the COVID relief bill were not justiciable, but reaches the merits in one case and finds the law lacking.
Senators Reach Bipartisan Deal to Pass Respect for Marriage Act Protecting Right to Same-Sex Marriage
The deal includes several amendments to the original draft legislation that are unlikely to have much substantive effect.
Yale Journal on Regulation Symposium on Peter Shane's "Democracy's Chief Executive"
Participants include Daniel Farber, Keith Whittington, Cristina Rodriguez, Lisa Heinzerling, and myself, among others.
New Research Highlights the Limits of Abortion Bans
Out-of-state and self-managed abortions pose daunting challenges for pro-life legislators.