The Trump EPA's Plan to End Greenhouse Gas Emission Regulation from Stationary Sources
Instead of making a headlong rush at the endangerment finding, the Administration is adopting a more targeted deregulatory strategy.
Month: May 2025
Thoughts on the Oral Argument in the Oregon Case Against Trump's IEEPA Tariffs
Like that in the similar case filed by Liberty Justice Center and myself, this one indicated judicial skepticism of Trump's claims to virtually unlimited power to impose tarifs.
The Supreme Court Said States Can't Discriminate in Alcohol Sales. They're Doing It Anyway.
Two decades after Granholm v. Heald was supposed to end protectionist shipping laws, states and lower courts continue to undermine the decision.
Cocaine Hippos, Monkey Copyrights, and a Horse Named Justice: The Debate Over Animal Personhood
Are human courts the best venue to protect wild animals?
Video of National Constitution Center Panel on "The War Over the Constitution's Meaning"
The participants were Amanda Shanor (Univ. of Pennsylvania), Alan Trammell (Washington and Lee), Wilfred Codrington, III (Cardozo), and myself.
Harvard's Best Protection Is To Get Off the Federal Teat
It's the best shield when the executive branch tries to strong-arm private universities.
Trump's Mass Cancellation of Student Visas Illustrates the Lawlessness of His Immigration Crackdown
A federal judge blocks the administration's "Student Criminal Alien Initiative," which targeted foreign students who had no criminal records.
Come July, Keys Will Be De Facto Illegal In Minnesota
The vast majority of keys on the market contain more lead than is allowed by the state's strict new heavy metal standards.
Baude on Trump v. Wilcox: "Predictable and Reasonable"
A defense of the Supreme Court's decision to let President Trump remove members of the NLRB and MSPB.
Does the Big, Beautiful Bill Contain a Threat to Judicial Independence? (Updated)
Is it a problem if a provision requires judges to comply with the Federal Rules of Civil Procedure?
Texas Bans Delta-8 THC, Which Is Only Popular Because of Prohibition
Six years after legalizing hemp and its by-products, the state is revising its drug policies and criminalizing products sold by thousands of Texas businesses.
Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
Helicopter accidents, nasty feuds, and serial lies.
The Executive Power Case That Unites Donald Trump and Franklin Roosevelt
Trump’s firing of a federal agency head may soon spell doom for a New Deal era precedent that limited presidential power.
That Time L.A.'s Deputy Mayor for Public Safety Called in a Bomb Threat on His Own City Hall
Former official Brian K. Williams just admitted that he faked a bomb threat during a work meeting. Now he faces up to 10 years in prison.
A Split Supreme Court Says Oklahoma Can't Have a Religious Charter School
The deadlocked court doesn't provide much clarity to sticky questions about the limits of religious freedom.
C. Bradley Thompson and Jeremiah Johnson: Rise of the 'MAGA Manosphere'
Did mainstream conservatives and libertarians lose a generation of young men to the reactionary right?
Judge Burroughs Grants TRO In Favor Of Harvard Within Hours Of Filing
Did she even read the 72-page complaint, 59-page motion for a TRO, and two-dozen exhibits?
Trump Declares That iPhones Should Be More Expensive
Whether due to tariffs or because they are made in America, the result would be much higher prices.
Fifth Circuit: Public Libraries May Select or Remove Books Based on Viewpoint
Such removal doesn't violate the First Amendment, the Court holds by a 10-7 vote, because a public library is engaged in "government speech" by choosing which books to endorse
Pregnant Women in Prison Aren't Getting Care, and No One Is Keeping Track
U.S. criminal justice policies have led to a 585 percent increase in the incarcerated women’s population since 1980 and have resulted in the highest female incarceration rate in the world.
RFK Jr. Plays the Hits
Plus: NYC can't build a damn park, violence against diplomats, worrying news from Anthropic, and more...
Farmers Need Free Markets, Not Tariffs and Welfare
The more important the product—and food certainly ranks high on any list—the better it is to allow markets to work.
With REAL ID, America Now Has National ID Cards and Internal Passports
To make us safer, the feds required standardized ID and one-stop shopping for identity thieves.
Review: The Free Market Comes to The Sims 4
Even simulated entrepreneurs aren't free from the burdens of business registration fees.
Review: Was Charles Manson Carrying Out a CIA Experiment?
Errol Morris' new Netflix documentary explores alternative theories of the Manson cult's infamous 1969 murders.
What Does AI Think Will Happen In The Birthright Citizenship Cases?
A guest post from Professor Seth Chandler.
"Harvard University Loses Student and Exchange Visitor Program Certification for Pro-Terrorist Conduct"
"This means Harvard can no longer enroll foreign students and existing foreign students must transfer or lose their legal status."
Supreme Court Stays Reinstatement of Fired NLRB and MSPB Members
"Because the Constitution vests the executive power in the President, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents."
Justice Kagan Tells Us What She Really Thinks About President Trump
The Court "hand[s] the President the most unitary, meaning also the most subservient, administration since Herbert Hoover (and maybe ever)."
Roberts Swings To The Left In St. Isidore, To The Right In Wilcox
In the span of a single day, Chief Justice Roberts continues his attempts at moderation for the sake of moderation without any actual reasoning.
Is Donald Trump To Blame for a COVID Lab Leak?
Criticisms of the president's alleged flip-flopping on gain-of-function research funding miss some key context.
A Top Antitrust Enforcer Is Open To Prosecuting People Who Disagree With Him
Mark Meador thinks the Federal Trade Commission may have the legal right to investigate nonprofits that “advocate for the interests of giant corporations” if they don’t disclose their donors.
How Does the National Debt Affect You? A Budget Expert Explains.
Higher debt means lower wages, higher interest rates, and fewer opportunities, says Romina Boccia of the Cato Institute.
Republicans Just Killed California's E.V. Mandate. Will They Regret It?
The vote could set a dangerous precedent and empower progressive policymaking in the future.
