Month: July 2025
New Jersey Lawmakers Are Considering 2 Bills To Heavily Regulate Homeschooling
Under the bills, homeschooling curricula would have to meet state learning standards and students would be required to complete annual wellness checks.
Federal Circuit Appellate Brief Filed in Our Tariff Case
Our brief explains why the Federal Circuit should uphold the Court of International Trade decision striking down Trump's "Liberation Day" tariffs.
If Companies Set Up Ethnic Affinity Groups for Employees, Must They Also Set Them Up for Jewish Employees? [UPDATE: Microsoft Has Changed Its Policy to Include "Jews at Microsoft"]
Yes, argues the Brandeis Center in a letter to Microsoft.
Trump Reiterates His Promise To Protect Farm and Hospitality Workers From 'Pretty Vicious' Deportation
The president is torn between the economic concerns of his supporters and the demands of immigration hardliners.
'The Only Winner Is the Government,' Says American Bow Tie CEO Facing Higher Tariff Costs
Scenes from a trade war.
NIMBY Lawsuit Accidentally Abolishes City's Entire Zoning Code
Plus: The Supreme Court declines to hear major eviction moratorium case, Maine passes zoning reform, and why tourist traps are good, actually.
There's No Good Reason for Cities and States To Build or Subsidize Sports Stadiums
“There's no such thing as a free stadium,” says J.C. Bradbury. “You can't just pull revenue out of thin air.”
Trump Can Take Revenge on the 'Deep State': Pardon Snowden
Why Edward Snowden deserves not only a presidential pardon, but a hero's welcome home.
TSA Policies Become Slightly Less Stupid
Plus: Texas flooding update, shark policy, tariffs affecting Prime Day, and more...
$725K Settlement in University of North Texas Academic Freedom Case
The case settled while motions for summary judgment were pending; the plaintiff, Prof. Timothy Jackson, had prevailed against an earlier motion to dismiss, and the Fifth Circuit had also rejected defendants' appeal as to procedural matters.
Religion at the Supreme Court
Three Cases from OT 2024
Anti-Israel/Anti-Zionist Speech Doesn't Violate School Board Members' Ethics Obligations, When Said in the Member's Personal Capacity as Professor
But speech sharply critical of Reps. Ilhan Omar and Rashida Tlaib, and of Sharia (and thus perhaps of traditionalist Islam) had been found, by the same commission, to be unethical.
The Depopulation Bomb
What if the challenge for humanity’s future is not too many people on a crowded planet, but too few people to sustain the progress that the world needs?
The Republican-Appointed Judge Decrying Trump's 'Deeply Disturbing' Attacks on the Rule of Law
When Arizona Supreme Court Justice Clint Bolick is worried about our constitutional order, we should all pay heed.
Why Are Immigrants From Tropical Countries Coming to This Arctic Outpost?
"Why not here?" says the owner of a Lebanese restaurant in Canada's semiautonomous Nunavut Territory.
Another Boston Judge Enters Ex Parte TRO Hours After Filing, Without Any Time To Actually Read Filings
The judge also granted TRO of a statute without even addressing any of the usual factors.
The Texas Law Deans Provide A Weak Defense of the ABA's Accreditation Role
If this is the best the law deans can muster, SCOTX should seriously reconsider what value the ABA provides.
The Insanity of Trump's Big Beautiful Bill
Plus: Trump's E.U. trade deadline, masked ICE agents, and Elon Musk's third party
The Texas Floods Were a Natural Disaster, Not a Policy Disaster
There's no evidence that cuts to the National Weather Service impacted the response to the weekend's tragic flash floods.
SCOTUS Bends The Law In Yet Another Obamacare Case
Kennedy v. Braidwood Management, Inc. follows in the ignoble tradition of NFIB, King, and California.
Trump Undermines His Own South Korea Trade Deal With New 25 Percent Tariffs
In 2018, Trump hailed a trade deal with South Korea as "fair and reciprocal" and said it was "a historic milestone in trade." So much for that.
Taxpayers Are Supposed To Shell Out $150 Million for Next Year's July 4th Celebrations
Yet another wasteful expense in the "big, beautiful bill."
Gun Rights Groups Welcome the Demise of Illogical and Constitutionally Dubious Federal Firearm Taxes
The taxes on sound suppressors, short-barreled rifles, and short-barreled shotguns, originally enacted in 1934, were meant to be prohibitive, imposing bans in the guise of raising revenue.
Either Repeal or Enforce—but Ideally Repeal—the TikTok Ban
The ban is a bad law. But leaving it on the books and willfully ignoring it sets a potentially more dangerous precedent.
Netanyahu Meets With Trump
Plus: Zohran Mamdani's creative race identification, catastrophic Hill Country flooding, and more...
Colleges Created a Diversity Box-Ticking Game—Zohran Mamdani Just Played It
The big problem here is the elite racism of college admissions departments, not the mayoral candidate's creative box-checking.
May Judge Order Divorcing Parent to Include Disclaimer With All Future Child Abuse Allegations?
A trial judge had found that the mother had "intentionally weaponized" child abuse reports, and required her to so state in any future child abuse allegations made to authorities.
The Department of Education Is in Limbo. Let's Kill It.
Congress should now turn its attention to abolishing the unnecessary federal education bureaucracy.
Braidwood Distinguishes Between "Officers of the United States" And "Employees"
"Officers of the United States" can exercise "significant authority," but employees cannot.
Have The Gundy and Fulton Moments Passed?
The intelligible principle test and Employment Division v. Smith are likely safe from Justices Kavanaugh and Barrett.
Justice Kavanaugh Lays Out His Roadmap In FCC v. Consumers' Research
Justice Kavanaugh parts ways with Justice Gorsuch on the non-delegation doctrine, but charts two paths for independent agencies.
Justice Kagan Rejects "Combination Theory" Claims For Separation of Powers Cases
"A meritless public non-delegation challenge plus a meritless private nondelegation challenge cannot equal a meritorious 'combination' claim."
SCOTUS Holds, In A Footnote, That The "Capable Of Repetition, Yet Evading Review" Doctrine Can Apply Even When Plaintiff Does Not Seek A Preliminary Injunction
Justice Kagan mows down many circuit precedents without much explanation.
What Is A "Liberty Interest" And Why Does The Due Process Clause Protect It?
Once again, Justice Thomas raises questions the other Justices simply do not wish to answer.
On Schadenfreude
It is time, I suggest, to give what-about-ism a well-deserved burial.
Maryland's New 3 Percent Tax Will Chill the State's Emerging Tech Sector
The Chamber of Commerce has called the tax a “disastrous” policy that threatens the state’s economy and its future as a tech hub.
