Thoughts on Today's Oral Argument in the Section 122 Tariff Cases
The outcome is unclear. But the judges seemed skeptical of the Trump Administration's claims that Section 122 grants them sweeping tariff powers.
Month: April 2026
UNC Newspaper Halts Satire and Implements DEI Training After Backlash Over April Fools' Issue
Free speech lawyers say UNC violated North Carolina’s institutional neutrality law.
Operation Eternal Darkness Threatens Iran Ceasefire Deal
Robby Soave and Christian Britschgi play a little war vs. music game before they go back over COVID craziness and the joys of Pokémon.
A Maryland Hospital Held a Woman for Months Against Her Will. The Supreme Court Will Decide if She Can Sue.
The case will determine whether an unnamed plaintiff can take the hospital and its doctors to federal court.
In New Tariff Cases, Trump Asserts 'Unreviewable' Power To Invent a Balance-of-Payments Deficit
The Court of International Trade is weighing the legality of the import taxes that the president wants to impose under Section 122 of the Trade Act of 1974.
Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal
Phony checks, a twinkling of an eye, and sparkling sports gambling.
Ninth Circuit Dismisses Kids Climate Case Against Discounting in Cost-Benefit Analysis
The kids climate cases continue to have standing problems in federal court.
The White House Ballroom's Imported Steel Shows How Tariffs Encourage Cronyism
Any time government has greater control over commerce, there is an increased incentive to buy off officials or lobby for special treatment.
Massachusetts High Court: Claim Against Meta for Alleged Addiction of Children Can Go Forward Notwithstanding § 230
The court doesn't decide whether Meta actually violated state law, or whether it may have a First Amendment defense; those decisions will be made later in the case.
Allegations of Conspiracy Between Univ. of S. Florida and Jewish Groups, Brought by Students for Democratic Society Chapter, Rejected
"In essence, the plaintiffs argue that every time a Jew or Jewish organization contributes to (in this instance) a public university and that university, acting under established policy, disciplines a student who advocates for, in this instance, 'particularly Palestinian" policies, the simultaneous presence of the contribution and the discipline creates a plausible inference of a conspiracy between the contributor and the university to punish the "particularly Palestinian' advocate."
Why Is It So Damn Hard To Find Sympathetic Student Loan 'Victims'?
Less than half of the Class of 2024 took out college loans averaging $30,000—a manageable amount that buys over $1 million in extra lifetime earnings.
A.I. NIMBYs
Plus: Bitcoin tolls at the Strait, Trump vs. MAGA, inflation rises, and more...
Lawsuits Targeting Social Media Are an Attack on Free Speech
Tech companies that create social media apps should not be blamed for the complex mental issues of everyone who might use them.
Review: A Cognitive Neuroscientist's Take on How AI Models Think
Author Christopher Summerfield engages seriously with skeptics who claim that large language models are really thinking.
Review: Giant Dramatizes Roald Dahl's Antisemitism Controversy
The play presents characters subtly negotiating the entanglements of identity and the perils of cancel culture.
Open Thread
What’s on your mind?
Justice Sotomayor Opens Up About Her Colleagues
She blames her colleagues for the emergency docket situation, and faults Justice Kavanaugh for not knowing people who earn an hourly wage.
Los Angeles Teen Blinded in One Eye by DHS Agent at 'No Kings' Rally, Attorney Says
The 18-year-old college freshman had to have his right eye surgically removed after a federal agent allegedly shot him in the head with a less-lethal weapon.
Did the Solicitor General Misrepresent Flournoy Article in Birthright Citizenship Oral Argument
It is often useful to consult the original source.
Trump Won With the MAHA Vote. Now He Might Be Losing It.
A new poll shows Make America Healthy Again supporters are drifting from Trump, but their “health first” politics may reshape conservative politics in the process.
"There Is No Constitutional Right to Possess a Cell Phone in Class"
"Furthermore, to temporarily deprive a student of his cell phone during a class or a test and return it to them after the class or test is completed (or even at the conclusion of the school day) is not a constitutional violation."
Would U.S. Wildlife Laws Turn Greenland's Hunters Into Criminals?
Greenlandic hunters fear a U.S. takeover because Americans "think whales and seals are cute and shouldn’t be hunted."
FBI Goes After Whistleblower Who Helped Unmask the 'Fort Bragg Cartel'
The feds have arrested an Army staffer who spoke to a journalist for a book about special operations. The journalist says it's retaliation for exposing corruption.
Justice John Marshall Harlan's Lecture Notes On Wong Kim Ark
An excerpt from my 2013 co-authored article on Harlan's constitutional law lectures.
What if Social Security Was Capped at $100,000 Annually?
One weird trick could extend Social Security's solvency while reducing payments to the wealthiest households. But it doesn't go far enough.
The Birthright Citizenship Question that Stumped the Solicitor General
It was surprising that the Solicitor General did not appear to have thought much about the extent of Congress' legislative power under Section 5.
Upcoming Visiting Position at University of Virginia
I will be a Visiting Professor at the University of VIrginia School of Law during the Fall 2026 semester.
What Does the New Right Believe?
From trade to migration to personal freedom, the conservatives of the global New Right hold a philosophy incompatible with individualism.
Trump's New Budget—Which Proposes $1.5 Trillion for Defense—Is Unserious. You Should Still Take It Seriously.
It would be easy to wave it away and move on. But that's how the U.S. got in such a dire fiscal situation.
Strait Talk
Plus: Mamdani vs. self-driving cars, blue state wealth and exit taxes, Hillary Clinton's awful affordability agenda, and more...
Lindsey Graham Says the President Can Start a War, but Only Congress Can End It
The feeling is perfectly consistent: Graham feels it should be as easy as possible for the U.S. to start a war, and as hard as possible to end one.
The Supreme Court's Next Big Fourth Amendment Case
How the digital privacy rights of millions are at stake in Chatrie v. United States.
Trump v. Second Amendment: The Administration Is Trying To Selectively Apply Gun Rights
Trump and his underlings seem less inclined to worry about the Second Amendment when it protects people outside the MAGA coalition.
Pete Buttigieg on Immigration, Policing, and His Pitch to Libertarians
"I think a lot of people who voted for this administration did so believing that they would prioritize the most dangerous" undocumented immigrants, the possible 2028 presidential candidate tells Reason's Nick Gillespie.
Open Thread
What’s on your mind?
Second Amendment Roundup: U.S. Supports Rehearing in D.C. Magazine Ban Case
The issue is whether the invalid magazine ban infects the registration-licensing convictions.
You Don't Have To Like Kanye West To Hate His Ban From Britain
The British government has stopped the rapper from headlining at the London Wireless music festival. Why is that the British government's business?
